Labour Law & Hr Consultant
Sr. Manager (p&a)
Ramya Sunder
Hr - Executive
+1 Other

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Dear All,
I am working for a Software Company Previously we use to have 6days week now we have changed to 5days week Now we would like to change the leave policy what we use to follow Previously it was 12CLs 12SLs and 15PLsELs Now we wanted to reduce the CLs and SL and remove the ELs totally Hence I want your inputs for the same Can I remove the ELs from the leave policy will there be any legal issue if I remove the ELs completely.If so how many days can i have it for EL?
Note: Want to know about TN shop & establishment Act.

You cannot remove EL’S. It’s against the law. You can probably reduce CL’S and SL’S.
Hi, Nothing doing. CL&SL - 12 days and EL or PL - 18 days per year - Rights of employees irrespective of working days.
Dear Ramya,
The work performed by software employees is basically creative in nature and time-bound in execution involving continuous application of their brains. The more their relaxation by means of extended weekly-off, the more will be their productivity. Therefore, switching over to 5-day week is a matter of administrative convenience and enhancement of productivity basically in the interest of the organisation. As such the employer has no right to reduce the quantum of the statutory leaves which are, if rightly understood, the minimum norms only.

Ms. Ramya,
As per S&E Act of TN irrespective of working days in a week a Company should follow the prescribed leave limit i.e. 12 days of each category of leave i.e CL, SL and EL. If not followed the appropriate Officer of Labour Department shall take action against the Company.

Hi all,
I have sent a RTI request to the Government Agency asking for what type of action taken on SW organisations which are not following the Shop and Establishment Act of TN. The reply is - They are taking action if companies not follow this.
However my past and present companies which are SW organisations this rule is not followed. I checked with few of my friends . They also follow 6 SL,6CL and 12EL which is against S & E act. No labour Officer is taking action against them But RTI gives false statement.

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