Labour Law & Hr Consultant
Sr. Hr Executive
Srinath Sai Ram
Manager- Hr & Ir
1. It depends on state to state as specified in the respective act thus you need to follow state rules only. for eg in mumbai leaves are covered under Maharashtra Shops and Establishment Act.
2. Maximum working hours is 8 hours in a day and 48 hours in a week. For over time again you need to see the state law only.
1. In case of factory, you need to refer to the Factory Act provision (Section 79) regarding Annual Leave with wages (can be called by other names like Privilege Leave or Earned Leave). As regards CL/SL, you have to refer to the Model Standing Order.
2. In case of being a Commercial Establishment, you have to check the applicable Shop & Establishment Act for the leave to be provided.
As regards OT the following provisions in the Factories Act apply:
Section 65 empowers the Chief Inspector of Factories to exempt a factory upto the following limits:
Hours an employee can do overtime on daily basis = total hours of work including OT shall not exceed 12
weekly basis = similarly total hours of work including OT shall not exceed 60
month basis = No specific limit laid down
quarter basis = No worker shall be allowed to work OT for more than seven days at a stretch and the total number of hours of OT work in any quarter shall not exceed seventy-five hours. (Proposed to increase 100 hours - amendment bill pending in Parliament)
As regards Shops/Commercial establishments, for instance the Maharashtra Shops & Commercial Establishment Act sets the following limits
limit of hours of work" shall mean -
(a) in the case of employees in shops and commercial establishments, nine hours in any day and forty -eight hours in any week;
(b) in the case of employees in residential hotels, restaurants, eating houses, theatres or other places of public amusement or entertainment, nine hours in any day; and
(c) in the case of employees in any other establishment, such hours as may be prescribed.
You may have to check the applicable provision in the relevant state law.
From India, Mumbai
a)Casual Leave: One of the literal meanings of the term " casual " is " happening by chance ". Again the meaning of the term "leave" in employment context refers to the permission granted by the employer to his employee to be away from work or the place of work. Therefore, in certain situations happening by chance or unexpectedly like sudden illness of a family member, attending to some urgent personal works like renewal of driving licence, ration card etc., attending some functions in the discharge of social commitments like friend's or relative's marriage or funeral etc., can demand the inevitable presence and attention of the employees. Casual Leave is specially earmarked in certain numbers for such sudden purposes in every calendar year on non-accrual or lapsable basis. Though prior sanction or approval by the employer is a pre-condition for its availment, it is relaxable depending on the urgency and nature of purpose.
b) Sick Leave: It is also a lapsable leave granted to employees on calendar year basis on account of sudden illnesses lasting for small spells and require no medical certificate.
c) Over time Work: Requiring the presence and work of the employee beyond the normal hours of his daily work necessitated by the exigencies of work at the discretion of the employer subject to the statutory restrictions of the no. of hours and extra wages. Every employee is obligated to do over time work if required by the employer.
From India, Salem
As per act 07 CL is give in the clear year. one CL is given after 45 days. In second cases, Casual leave is vary of company policy. Mini. 07 CL & 07 SL. is given.
2. Duty Hours 08:30 hrs including Lunch Time.
3. 12 hrs overtime in one week
4. 48 quaterely.
5. maxi. 75 hrs overtime before sactioned of cheif inspector of factory
From India, Pune
Greetings to all
My Question is
1. Howcan we recruit the blue collar people like cook, driver, operators, Janitor?(without contractor)
2. what action can we take if anyone took his offer letter and did not join / Any remedy?
3. what question can we ask for reference checks?
Advance thanks to all