lathamani.pr@gmail.com
1

shop act LEAVE REGISTER AND FACTORIES ACT LEAVE REGISTER ARE SAME PL CLARIFY
From India, Coimbatore
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
+1 Other

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umakanthan53
5880

Dear Lathamani,
Since both the Acts are applicable to different types of establishments and have different types of leave provisions, the Leave Register under the Shops and Estt Act is different from the one for the factories covered under the Factories Act,1948. While the Shops Act comprises of three kinds of leave viz., Privilege Leave, Sick Leave and Casual Leave, the Factories Act has only one leave viz., the annual leave with Wages.

From India, Salem
JudeGR
55

Umakanthan sir,
Under TN shop and establishment act, what is the minimum CL and SL should the company grant to its employees?
Because the act states "not exceeding 12 days" if so, what is the minimum?
Jude
HR, Tekplay

From India, Chennai
umakanthan53
5880

Dear Jude,
Yours is a nice question in view of the variety of entities falling within the genus of establishment as defined under every State Shops and Establishments Act. If I were correct, no establishments like places of public amusements, commercial establishments, restaurants and the like are required to be compulsorily closed on a day or more in a week other than shops. Even there are establishments like Administrative Offices of Companies which adopt five day work culture. Therefore, the Law makers might've thought it proper not to precisely lay down the minimum no. of C.L and S.L in respect of each species under the genus "establishment" and only prescribed the maximum as " not exceeding 12 days ". It implies that less than the limit of 12 days can be fixed depending on the nature of establishment and the no. of actual working days in a week. This can be done either by incorporating the same in the certified standing orders or by agreement with the persons employed in order to avoid complaints,if any in this regard. This is my own view and others are invited to post their contrary views, if any.

From India, Salem
Anil Chander
1

Dear Sir,
I want to know how to calculate working days for a month January - 2018 Example
Physical days = 26
Paid Holiday = 1
Weekly off = 4
How to calculate Total Working days if it = 27 or 26 ?
Kindly clear my doubt regarding working days.
Anil Chander
HR - Executive

From India, Nashik
umakanthan53
5880

Dear Anil,
Had the purpose of your proposed calculation been mentioned, it would have been easier to respond. Anyway, for all practical purposes, a month is universally considered to have 30 days. For your kind attention, the term "working day" does not mean the days actually worked only but includes weekly off, authorised holidays and leave too.

From India, Salem

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