Hi, we are setting up leaves structure for our company. It is a Pvt. Ltd. software development company located in Pune, Maharashtra falling under Shops and Establishment Act. I believe Act LXI 2017 is what we should follow. I am referring to the copy here: https://bombayhighcourt.nic.in/libwe...ts/2017.61.pdf
I have a few queries which hopefully can be resolved by the helpful community here.
18(2): Every worker shall be entitled to eight days casual leave with wages in every calendar year which shall be credited into the account of the worker on a quarterly basis, but shall laps if unavailed at the end of the year.
Does this mean causal leaves are credited two per quarter, and not to be given 8 in bulk for the year?
18(3): Every worker who has worked for a period of two hundred and forty days or more in an establishment during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of one day for every twenty days of work performed by him during the previous calendar year.
18(4): Subject to the provision of clause 18(3) every worker, who has been employed for not less than three months in any year, shall for every sixty days on which he has worked during the year be allowed leave, consecutive or otherwise, for a period of not more than five days.
18(3) makes it clear that the number of earned leaves = Working days x 1/20.
I am confused about the subsequent calendar year part. Since our company is new and all employees have only worked for a month so far does that mean 18(3) is not applicable until one of these employees works for 240 days? If so how are their leaves calculated for now?
Also I am unable to understand 18(4) completely.
A total of 8 festival holidays are allowed including 26 Jan, 15 Aug, 2 Oct and 1 May, and 4 additional holidays. If any of the mandatory national holidays falls on a weekly holiday (eg. 26 Jan falling on Saturday), does it mean we now have to give 5 additional holidays?
Thanks in advance!