Anonymous
I have joined an IT Company registered in UP and having office in Noida. We are working 5 days in a week. There is no pre-defined leave policy as of now; we just give 21 leave to employees along with 10 Festival Holidays. Now I have been asked to well define the Leave Policy. After all my research, I found that in UP leaves need to accorded as below.

1 Earned Leave - After 12 months of continuous service - 15 days
2 Sick Leave - After 6 months of continuous service - 15 days
3 Casual Leave - After 6 months of continuous service - 10 days
Since we are working for 5 days is there is any scope to reduce the no of leaves as specified above (If it's correct).
Early response will be highly appreciated!

From India, New Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Madhu.T.K
Industrial Relations And Labour Laws
Loginmiraclelogistics
Asso.prof.(commerce & Management)

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Madhu.T.K
3769

You have to follow the same leave rules as said in the Act even if you work for 5 days. When you work for 5 days, each day will contain more than 8 hours, I presume and for a week it may be around 45 hours and it is just short of 3 hours only.
From India, Kannur
Anonymous
Dear Madhu, We are working for 8.5 hrs with 1 hr (in total) breaks for lunch and tea. Regards
From India, New Delhi
Madhu.T.K
3769

Even then there cannot be any deviation. You are working for 5 days not as per government guidelines but for your conveniences only. You can very well extend it to 6 days.
From India, Kannur
loginmiraclelogistics
1059

Dear friend,
Since most of IT units are covered under Shops & Commercial Estt.Act, it becomes mandatory for any employer to follow leave rules provided there under. The 5 days working routine doesn't come into picture. Apparently there is a link of months/year of service rendered to be eligible for EL/PL & sick leave,CL which does not get vitiated by 5 days a week working.

From India, Bangalore
umakanthan53
5922

Dear friend from New Delhi,
The standards of working days/hours prescribed in any establishment-specific labor law is the maximum and the type and the total no of days of leave are the minimum in consideration of the peculiarity of the nature of work normally performed by the employees in such establishments. If an employer decides to reduce the no of working days in a week in view of the nature of work demanding more physical or mental strain, he can do so with or without suitable change in the total no of daily working hours within the maximum statutory limit. Though the computation of any leave and its availment is related to the attendance of the employees or the no of working days, you should not lose sight of the legal position that working days include holidays and authorised leave availed. That's the implied logic behind the answers of the above two learned members and I do hope that you got it now.

From India, Salem
manoj-kumar1
Bare reading of the act sometimes mislead the result. The intention behind the leave provision is to provide for work hours, resting time & minimum leaves.

In case the establishment provided 2 weekly off instead of 1, then the benefit of 52 paid leaves already been provided coze skilled staff employed on CTC basis.

From India, Jaipur

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