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Hi Mamta,
Read from the attached Act. for your requirement.
Entitlement of leave does not change according to who is a proprietor or otherwise. Every organisation is classified into various categories depending on what type business or operations or production activities they are conducting. They can be broadly classified into-
1. Shops & Commercial Establishments-where some business activities are conducted
2. Factories - where manufacturing/production & processing etc are taking place
3. Industry & Mines - Production & extraction activities
4. Educational Institutions - Schools, colleges, Institutions
5. Societies/Clubs & Trusts - Art, recreational, charity, cultural activities
6. Hospitals and so on. - Health & family welfare.
Different acts, rules are applicable depending their core activities.
The above businesses are run either by individuals (proprietor) or partners (partnership) or more people, called Association of Persons (Companies, Societies/clubs/Trusts, Institutions). These are classified as such and applicable Acts & rules has to be followed.


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File Type: docx MAHARASHTRA SHOPS & COMML.ESTT.ACT 2017.docx (30.9 KB, 33 views)

Dear Mamta,
1. Statutes lay down minimum conditions which are mandatory and if not followed will violate legal provisions entailing punitive action.
2. As far as leave entitlement under the Delhi Shops Act is concerned, one has to understand that the calendar year is the basis for all types of leave entitlements like EL, CL and SL.
3 There is distinctive meaning to the leave entitlement and leave availing. Different periods for availing leave are made even though particular type of leave is entitled and credited to the account. For example , SL or CL can be availed upon confirmation in service only but PL/EL for the first time after joining can be availed after completion of one years' service though the same is credited after every five months.
Regards,
Vinayak Nagarkar
HR- Consultant

Hello.
I need clarification on Shop and Establishment act of Tamilnadu -specific on holidays.
My organsiation is a IT service provider ( application development).
We have 12days EL, 6 days SL and 6 days CL.
1 day 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 12 days minimum of EL,CL and SL per annum. Am I right?
My assumption:
As per the act, max 12 days is given for Cl and SL.Not minimum. hence my org is giving like that.
Please guide me on this.

Hi Ravi,
Pl.go thru' this link for TN S&E Act.
https://www.citehr.com/381665-tamiln...anual-pdf.html.
And you'll know leave regulations as per the Act from the attached bare act.


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File Type: docx THE TAMIL NADU SHOPS AND ESTABLISMENTS ACT, 1947.docx (32.1 KB, 53 views)

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Dear Mr.Kumar,
Thanks for the document. However it doesn't contain details for my query.
I have the shop and Establishment act TN document with me and discussed with my HR on non compliance to the act.
Want to get clarified on my understanding.
Since this violation is going for many years, want to know how to correct this and who is responsbile for this from Govt.

Dear Colleague,
The quantum and eligibility for EL and other types of leave is 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

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.
Dear Ravi,
Acts and Rules are made for reign in certain uniformity and social welfare of employees. Many employers chose to flout them. Wherever non-compliance found the designated authorities under the Rules made by the concerned states should look into them and take appropriate action as provided for in the Act/Rules. Therefore the affected/aggrieved employees either bring into the knowledge of the employers or lodge a complaint with the authorities. There are punishment/penalties provided for non-compliance of the Act provisions. You have to take it up with your employer to correct the wrongs done to set right otherwise they have to face consequences.

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