THE TAMIL NADU SHOPS AND ESTABLISHMENTS ACT,1947.
Holidays with Wages -
25. Holidays and sick leave:
(1) Every person employed in any establishment shall be entitled, after twelve
months continuous service, to holidays with wages for a period of 12 days, in
the subsequent period of twelve months: provided that such holidays with
wages may be accumulated up to a maximum of twenty- four days.
(2) Every person employed in any establishment shall also be entitled
during his first twelve months of continuous service after the
commencement of this Act, and during every subsequent twelve
months of such service
(a) to leave with wages for a period not exceeding twelve days, on
the ground of any sickness incurred or accident sustained by him
(b) to casual leave with wages for a period not exceeding
twelve days on any reasonable ground.
(3) If a person entitled to any holidays under sub- section (1) is discharged by
his employer before he has been allowed the holidays, or if having applied for
and been refused the holidays, he quits his employment before he has been
allowed the holidays, the employer shall pay him the amount
payable under this act in respect of the holidays.
(4) If a person entitled to any leave under sub- section (2) is discharged by his
employer when he is sick of suffering from the result of an accident, the
employer shall pay him the amount payable under this act in respect of the
period of the leave to which he was entitled at the time of his discharge, in
addition to the amount, if any payable to him under sub- section (3).
(5) A person employed shall be deemed to have completed a period of twelve
months continuous service within the meaning of this section, not
withstanding any interruption in service during those twelve months
brought about (i) by sickness, accident, or authorized leave not exceeding 90
days in the aggregate of all three. (ii) by a lockout (ii) by a strike which is
not an illegal strike (iv) by intermittent periods of involuntary
unemployment not exceeding thirty days in the aggregate and authorized
leave shall be deemed not to include any weekly holiday or half- day holiday
under this act which occurs at the beginning or end of an interruption
brought about by the leave.
(6) A person employed in a hostel attached to a school or college or in an
establishment maintained in a boarding school and lodging of pupils and
resident masters shall be allowed the privileges referred to in subsections
(1) to (5), reduced however proportionately to the period for
which he was employed continuously in the previous year or to the period
for which he will be employed continuously in the current year, as the
case may be; and all references to periods of holidays or of leave in
sub-sections (1) and (2) shall be construed accordingly, fractions of
less than one day being disregarded.(7)The Government shall have
power to issue directions as to the manner in which the provisional of
sub- section (6) shall be carried into effect in all or any class of cases or in
any particular case.
26. Pay during annual holidays:
Every person employed shall, for the holidays or the period of leave
allowed under sub- section (1) or (2) of section 25, be paid at a rate equivalent to the daily
average of his wages for the days on which he actually worked during the
preceding three months exclusive of any earnings in respect of overtime.
27. Power to increase the number of holidays:
Not- withstanding anything contained in section 25, the government may, by
notification, increase the total number of annual holidays and the maximum number of
days up to which such holidays may be accumulated in respect of any
establishment or class of establishments.
18th December 2018 From India, Bangalore