Thread Started by #Anonymous

Company has decided to implement leave policy under Shop and Eshtablishment Act.
20th August 2018 From India, New Delhi
You must have registered under Shops and Establishment Act. Please go through the Delhi Shops and Establishment Act.
20th August 2018 From India, Madras
#Anonymous
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.
20th August 2018 From India, New Delhi
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.
20th August 2018 From India, Delhi
If your establishment is covered under Factories Act, leave shall be granted @ one leave for 20 days working. If it is covered under Shops and Establishment Act, leave prescribed under the Act has to be given to eligible employee.
R R Kapoor
Vadodar
21st August 2018 From India, Vadodara
#Anonymous
I have a specific question regarding companies registered under 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
28th August 2018 From India, Delhi
Hi
Crediting of leaves against the employees account takes place either at the time of joining [CL and SL] while the Earned/Privilege leaves are credited after completion of one year service. If someone joins in the middle of the year, 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 four months period has come into picture.
Thanks and Regards
31st August 2018 From India, Hyderabad
There is no question of giving minimum leaves i.e. reducing leaves than statutory provisions. You can provide better benefits than statute, but not lower. This will become illegal.
Please understand statutory provisions can not be implemented at the whims of employers, but bound by rules. Need to enlighten employers to consequences of not following them.
1st September 2018 From India, Hyderabad
Your take is right, employees are to be credited with PL after every four months.
As per Delhi Shops Act, Every person employed in an establishment shall be entitled
1. After every twelve months', 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 privilege leave for every such completed period;
Recommend to refer https://www.stacowiki.in/en/ for accurate information and regulatory updates
24th September 2018 From India, Bangalore
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
7th December 2018 From India, Mumbai
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.
7th December 2018 From India, Bangalore

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File Type: docx MAHARASHTRA SHOPS & COMML.ESTT.ACT 2017.docx (30.9 KB, 17 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
9th December 2018 From India, Mumbai
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.
12th December 2018 From India, undefined
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.
12th December 2018 From India, Bangalore

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File Type: docx THE TAMIL NADU SHOPS AND ESTABLISMENTS ACT, 1947.docx (32.1 KB, 22 views)

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15th December 2018 From India, Noida
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.
17th December 2018 From India, undefined
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
17th December 2018 From India, Mumbai
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.
19th December 2018 From India, Tadepallegudem
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.
20th December 2018 From India, Bangalore
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20th December 2018 From India, Jaipur
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