Company has decided to implement leave policy under Shop and Eshtablishment Act.
From India, New Delhi
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From India, New Delhi
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You must have registered under Shops and Establishment Act. Please go through the Delhi Shops and Establishment Act.
From India, Madras
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302From India, Madras
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already done that but problem is that the company does not want to give such long leave. want to get an idea that how many minimum leave should be given to employees.
From India, New Delhi
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From India, New Delhi
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Sec 22 of Delhi Shop & establishment mentions that every employee who has completed 12 months in an organization is eligible for 15 EL , 6 CL and 6 SL.
From India, Delhi
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From India, Delhi
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If your establishment is covered under the Factories Act, leave shall be granted at one leave for every 20 days worked. If it is covered under the Shops and Establishments Act, leave prescribed under the Act has to be given to eligible employees.
R. R. Kapoor
Vadodara
From India, Vadodara
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R. R. Kapoor
Vadodara
From India, Vadodara
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I have a specific question regarding companies registered under the Delhi Shops and Establishment Act. It is clear that an employee is to be given 15 PL.
My question is if the employees are to be credited with PL after every four months even in the first year of joining, or they become eligible for PL after completion of one year with the company.
Thanks
From India, Delhi
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My question is if the employees are to be credited with PL after every four months even in the first year of joining, or they become eligible for PL after completion of one year with the company.
Thanks
From India, Delhi
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Hi,
Crediting of leaves against the employees' accounts takes place either at the time of joining [CL and SL], while the Earned/Privilege leaves are credited after completion of one year of service. If someone joins in the middle of the year, a pro-rata basis is taken into account for the first two, while EL may be proportioned at the end of the year and credited accordingly. Not sure how or why a four-month period has come into the picture.
Thanks and Regards
From India, Hyderabad
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Crediting of leaves against the employees' accounts takes place either at the time of joining [CL and SL], while the Earned/Privilege leaves are credited after completion of one year of service. If someone joins in the middle of the year, a pro-rata basis is taken into account for the first two, while EL may be proportioned at the end of the year and credited accordingly. Not sure how or why a four-month period has come into the picture.
Thanks and Regards
From India, Hyderabad
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There is no question of giving minimum leaves, i.e., reducing leaves below statutory provisions. You can provide better benefits than what is mandated by law, but not lower. Doing so would be illegal. Please understand that statutory provisions cannot be implemented at the whims of employers but are bound by rules. Employers need to be enlightened about the consequences of not following these provisions.
From India, Hyderabad
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From India, Hyderabad
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Your observation is correct; employees are entitled to Privilege Leave (PL) after every four months. As per the Delhi Shops Act, every person employed in an establishment shall be entitled, after every twelve months of continuous employment, to privilege leave for a total period of not less than fifteen days.
Provided that:
(i) An employee who has completed a period of four months in continuous employment shall be entitled to not less than five days of privilege leave for every such completed period.
I recommend referring to https://www.stacowiki.in/en/ for accurate information and regulatory updates.
From India, Bangalore
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Provided that:
(i) An employee who has completed a period of four months in continuous employment shall be entitled to not less than five days of privilege leave for every such completed period.
I recommend referring to https://www.stacowiki.in/en/ for accurate information and regulatory updates.
From India, Bangalore
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Please let me know as per bombay shop establishment, what should be the minimum leaves per year. Also Clarify, is rules will be different for if proprietary or Pvt Ltd
From India, Mumbai
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From India, Mumbai
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Hi Mamta,
Please read the attached Act for your requirements. The entitlement of leave does not change according to whether one is a proprietor or not. Every organization is classified into various categories depending on the type of business, operations, or production activities they conduct. They can be broadly classified as follows:
1. Shops & Commercial Establishments - where some business activities are conducted
2. Factories - where manufacturing/production and processing, etc., take place
3. Industry & Mines - production and extraction activities
4. Educational Institutions - schools, colleges, institutions
5. Societies/Clubs & Trusts - art, recreational, charity, cultural activities
6. Hospitals and so on - health and family welfare.
Different acts and rules are applicable depending on their core activities. The above businesses are operated either by individuals (proprietors), partners (partnerships), or groups of people, known as Associations of Persons (companies, societies/clubs/trusts, institutions). These are classified as such, and the applicable Acts and rules must be followed.
From India, Bangalore
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Please read the attached Act for your requirements. The entitlement of leave does not change according to whether one is a proprietor or not. Every organization is classified into various categories depending on the type of business, operations, or production activities they conduct. They can be broadly classified as follows:
1. Shops & Commercial Establishments - where some business activities are conducted
2. Factories - where manufacturing/production and processing, etc., take place
3. Industry & Mines - production and extraction activities
4. Educational Institutions - schools, colleges, institutions
5. Societies/Clubs & Trusts - art, recreational, charity, cultural activities
6. Hospitals and so on - health and family welfare.
Different acts and rules are applicable depending on their core activities. The above businesses are operated either by individuals (proprietors), partners (partnerships), or groups of people, known as Associations of Persons (companies, societies/clubs/trusts, institutions). These are classified as such, and the applicable Acts and rules must be followed.
From India, Bangalore
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Dear Mamta,
Statutes lay down minimum conditions that are mandatory, and if not followed, will violate legal provisions, entailing punitive action.
As far as leave entitlement under the Delhi Shops Act is concerned, one must understand that the calendar year is the basis for all types of leave entitlements such as EL, CL, and SL.
There is a distinctive meaning to leave entitlement and leave availing. Different periods for availing leave are set, even though a particular type of leave is entitled and credited to the account. For example, SL or CL can be availed upon confirmation of service only, but PL/EL for the first time after joining can be availed after completion of one year's service, even though it is credited every five months.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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Statutes lay down minimum conditions that are mandatory, and if not followed, will violate legal provisions, entailing punitive action.
As far as leave entitlement under the Delhi Shops Act is concerned, one must understand that the calendar year is the basis for all types of leave entitlements such as EL, CL, and SL.
There is a distinctive meaning to leave entitlement and leave availing. Different periods for availing leave are set, even though a particular type of leave is entitled and credited to the account. For example, SL or CL can be availed upon confirmation of service only, but PL/EL for the first time after joining can be availed after completion of one year's service, even though it is credited every five months.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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Hello.
I need clarification on the Shop and Establishment Act of Tamil Nadu, specifically regarding holidays.
My organization is an IT service provider (application development). We have 12 days of EL, 6 days of SL, and 6 days of CL. 1 day of EL is credited every month, and 0.5 days every month for CL and SL. Is this an acceptable practice? From my understanding, employees should get a minimum of 12 days of EL, CL, and SL per annum. Am I right?
My assumption is that as per the act, a maximum of 12 days is given for CL and SL, not a minimum. Hence, my organization is following that practice.
Please guide me on this.
From India, undefined
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I need clarification on the Shop and Establishment Act of Tamil Nadu, specifically regarding holidays.
My organization is an IT service provider (application development). We have 12 days of EL, 6 days of SL, and 6 days of CL. 1 day of EL is credited every month, and 0.5 days every month for CL and SL. Is this an acceptable practice? From my understanding, employees should get a minimum of 12 days of EL, CL, and SL per annum. Am I right?
My assumption is that as per the act, a maximum of 12 days is given for CL and SL, not a minimum. Hence, my organization is following that practice.
Please guide me on this.
From India, undefined
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Hi Ravi,
Please go through this link for TN S&E Act: https://www.citehr.com/381665-tamiln...anual-pdf.html. You will find information on leave regulations as per the Act in the attached bare act.
From India, Bangalore
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Please go through this link for TN S&E Act: https://www.citehr.com/381665-tamiln...anual-pdf.html. You will find information on leave regulations as per the Act in the attached bare act.
From India, Bangalore
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From India, Noida
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From India, Noida
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Dear Mr. Kumar,
Thank you for the document. However, it doesn't contain details for my query. I have the Shop and Establishment Act TN document with me and have discussed with my HR about the non-compliance to the act. I want to get clarification on my understanding.
Since this violation has been ongoing for many years, I would like to know how to correct this and who is responsible for this from the government.
From India, undefined
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Thank you for the document. However, it doesn't contain details for my query. I have the Shop and Establishment Act TN document with me and have discussed with my HR about the non-compliance to the act. I want to get clarification on my understanding.
Since this violation has been ongoing for many years, I would like to know how to correct this and who is responsible for this from the government.
From India, undefined
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Dear Colleague,
The quantum and eligibility for EL and other types of leave are laid down in the TN Shop Act/Rules. It is clarified that the law lays down minimum conditions and not maximum as you seem to believe.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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The quantum and eligibility for EL and other types of leave are laid down in the TN Shop Act/Rules. It is clarified that the law lays down minimum conditions and not maximum as you seem to believe.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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Each State have its amendments to Shops & Establishment Act. so the rules varies from one State to State. check in your state or consult the Labour Office.
From India, Tadepallegudem
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From India, Tadepallegudem
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Dear Ravi,
Acts and Rules are made to maintain a certain level of uniformity and promote social welfare for employees. Unfortunately, many employers choose to disregard them. Wherever non-compliance is found, the designated authorities, as per the Rules established by the respective states, should investigate and take appropriate action as outlined in the Act/Rules. Therefore, affected or aggrieved employees should either inform their employers or file a complaint with the authorities. There are punishments and penalties in place for not adhering to the provisions of the Act. It is important to address these issues with your employer to rectify any wrongdoing; otherwise, they will have to face the consequences.
From India, Bangalore
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Acts and Rules are made to maintain a certain level of uniformity and promote social welfare for employees. Unfortunately, many employers choose to disregard them. Wherever non-compliance is found, the designated authorities, as per the Rules established by the respective states, should investigate and take appropriate action as outlined in the Act/Rules. Therefore, affected or aggrieved employees should either inform their employers or file a complaint with the authorities. There are punishments and penalties in place for not adhering to the provisions of the Act. It is important to address these issues with your employer to rectify any wrongdoing; otherwise, they will have to face the consequences.
From India, Bangalore
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From India, Jaipur
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From India, Jaipur
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Thank you for your reply.
We are a Mumbai-based IT company with a five-day working week and offer 12 leaves in addition to 12 festival holidays. We are currently reconsidering our existing policy in line with the Bombay Shop Establishment amendments. Is it mandatory to provide 18 leaves? Currently, we only offer 12 leaves per month and one leave as a sandwich leave.
We are also contemplating adding five sick leaves along with the sandwich policy. Are there any specific rules or acts that govern the number of work-from-home days, or is it at the discretion of the employer?
Your input on this matter would be greatly appreciated.
From India, Mumbai
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We are a Mumbai-based IT company with a five-day working week and offer 12 leaves in addition to 12 festival holidays. We are currently reconsidering our existing policy in line with the Bombay Shop Establishment amendments. Is it mandatory to provide 18 leaves? Currently, we only offer 12 leaves per month and one leave as a sandwich leave.
We are also contemplating adding five sick leaves along with the sandwich policy. Are there any specific rules or acts that govern the number of work-from-home days, or is it at the discretion of the employer?
Your input on this matter would be greatly appreciated.
From India, Mumbai
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Hi Mamtakumari,
As far as I know, the IT/ITES industry is covered under the Shops & Commercial Estts Acts of the respective states. Therefore, units within Maharashtra state are no exception. It's fair enough if you would fall in line with the applicable law, specifically the Shops & Estt. Act. I wouldn't suggest copying and pasting rules for your company from other employers. You won't be spared if and when you are prosecuted for violations. You can't justify wrongdoing with another wrong. Therefore, it is advisable to verbatim follow the provisions of the Shops & Comml. Estts Act, not just for leave rules but also for other aspects provided therein.
From India, Bangalore
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As far as I know, the IT/ITES industry is covered under the Shops & Commercial Estts Acts of the respective states. Therefore, units within Maharashtra state are no exception. It's fair enough if you would fall in line with the applicable law, specifically the Shops & Estt. Act. I wouldn't suggest copying and pasting rules for your company from other employers. You won't be spared if and when you are prosecuted for violations. You can't justify wrongdoing with another wrong. Therefore, it is advisable to verbatim follow the provisions of the Shops & Comml. Estts Act, not just for leave rules but also for other aspects provided therein.
From India, Bangalore
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From India, Chandigarh
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From India, Ludhiana
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Dear Seniors good morning Kind send Tamil nadu factories Act Inspector of factories forms and registers and legal required documents checklist. Regards, Sakthivel.C sakthihrd2003@gmail.com
From India, Hosur
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From India, Hosur
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Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017
The Amendment Act now entitles every worker to casual leave of 8 days in a year. The workers can accumulate earned leave up to a maximum of 45 days. Also, every worker who has worked for a period of 240 days or more in a calendar year shall be allowed paid leave for a number of days calculated at the rate of one day for every twenty days of work performed during the previous year. A worker shall also be entitled to 8 paid festival holidays in a calendar year, namely, 26th January, 1st May, 15th August, and 2nd October, and four other festival holidays as may be agreed to between the employer and the workers as per the nature of business before the commencement of the year.
From India, Nagpur
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The Amendment Act now entitles every worker to casual leave of 8 days in a year. The workers can accumulate earned leave up to a maximum of 45 days. Also, every worker who has worked for a period of 240 days or more in a calendar year shall be allowed paid leave for a number of days calculated at the rate of one day for every twenty days of work performed during the previous year. A worker shall also be entitled to 8 paid festival holidays in a calendar year, namely, 26th January, 1st May, 15th August, and 2nd October, and four other festival holidays as may be agreed to between the employer and the workers as per the nature of business before the commencement of the year.
From India, Nagpur
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Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf
Leave Policy.doc