Umakanthan53
Labour Law & Hr Consultant
Kapoorrr
Advisor(hr)
Anmol Desai
Hr & Admin
+1 Other

Hello,
I am a newly recruited HR in a Pvt. Ltd. Co. the total strength of employees is around 25. Leave provisions are as follows:
Earned / Privilege leave - 12
Public holidays -12
Apart from this the company does not have any provisions for Casual leave and Sick leave. Kindly assist to draft a proper leave policy. Also please clarify whether casual leave is mandatory. I have to put up a fresh proposal and present it for approval to our Managing Director. Please note our office overseas has all leave benefits.
Megha
Dear Anmol,
Leave provisions depend upon the establishment-specific Labor Law applicable to the organization. Unless the type of the establishment is known, it will not be possible to give a correct answer. If yours is a factory, no provision for C.L and S.L; if it is an establishment under the State Shop & Estt Act, then it is compulsory that the employer has to provide for C.L, S.L and P.L in his Leave Policy at not less than the scales prescribed under the applicable Law.
If your company is covered under Industrial Employment (Standing Orders) Act,under the provisions of Model Standing Orders there is a provision of CL with or without pay
R R Kapoor
Dear Amol,
If your establishment is in Maharashtra, under Maharashtra Shops Act/Rules, in addition to privilege leave, you have to give 8 days of casual leave and 8 paid Holidays including 4 National Holidays. Pl refer to the Act for more details.
Sick leave or leave of absence on account of sickness is governed by ESI or left to the discretion of the Management.
Regards,
Vinayak Nagarkar
HR-Consultant
thank you so much everyone. Ours is a Lighting company registered under the companies act . this is a head office in Mumbai. We have our factory in Dubai and in Mumbai. Are the rules for office staff and factory staff different? Kindly update Sir.
Dear colleague,
Obviously, Dubai laws will apply to those employees working there.
You may extend same leave policy as Mumbai for the sake of uniformity and if it is of mutual benefit.
Regards,
Vinayak Nagarkar
HR-Consultant.
Dear Anmol,
Just to add further, the office staff and factory workers in Mumbai are treated differently for leave. Factory workers are governed by F.A. and Staff are by Shops Act.
Regards,
Vinayak Nagarkar
HR- Consultant
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