Labour Law & Hr Consultant
Asst.manager -hr

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Hi, I have a query, my company has total leave policy of 21 days - 7- PL / 7- SL / 7- CL.
Leave calculation is as per April 2019- March 2020. If a new employee join in the month of May & have probation period of 3 months, so after completion of his/ her probation period, what will be the total number of leave applicable for that employee & how it is calculated? Awaiting for your reply.

From India, Ahmedabad
Dear Frined, Simple calculation, he is eligible from Sep-19 so PL-7/12 ( April to Mar 12 Months)*7 (Sep to Mar) =4. Do same calculation for all.
From India, Mumbai
Dear Venues,
In the first place, it would have been better that you mentioned the type of your establishment and the establishment-specific Labor Law covering it. So one is left to make an educated guess only that your Company must be a shop or establishment covered by the Gujarat Shops and Establishments Act,1948. As I am given to understand the Gujarat State Govt has very recently passed the GSE Act,2019 by incorporating the provisions of the Model Shops and Establishments (Regulation of Employment & Conditions of Service) Act,2016 already introduced by the Government of India. The scales of leave you mentioned seem to be less;better check with the Act.
Secondly, no Indian Labor Law discriminates between permanent/confirmed employees and temporary employees/probationers in respect of service conditions like leave and holidays. Therefore, no employee can be denied his eligible leave during the period of his/her probation.
Thirdly, as per the leave provisions of sec.11 of the Model S&E Act,2016, apart from the regular weekly holiday of one day, every employee is entitled to 8 days of CL to be credited on quarterly basis, EL calculated on the basis of one day for every 20 days of service (minimum of 240 days)rendered in the previous calendar year and 8 paid festival holidays including Independence Day, Republic Day and Gandhi Jayanthi.
Finally, since the above leave are Calendar year based only, I hope that you can arrive at the eligible leave of an employee joining in the middle of the year on prorata basis.

From India, Salem
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