Hi Just wanted to know as per shops and establishment act, Earned leave should be counted from the date of joining and should be allowed to take only after the employee gets confirmed or they are counted from date of confirmation.
17th July 2019 From India, Gurgaon
Dear Member,
According to the applicable Punjab Shops Act, 1958 as applicable to the state of Haryana we are to consider the date of joining for calculation of Earned leaves. Earned are allowed after the close of the year (April to March).
R N KHOLA
17th July 2019 From India, Delhi
Normally earned leave will become due after 12 months of joining. However, it is okay if you credit it commonly for all the employees on 1st of January proportionate to the days worked in the preceding year by the new employees. There is no law which says that leave can be allowed only after conformation. If it is so, I am afraid, if any employer will confirm any employee?
18th July 2019 From India, Kannur
The general rule of "Earned Leave" is calculated at the end of Calender Year as per the norms of the establishment or as per the state rule if not having separate leave policy or 1 day Leave per 20 working days from the date of employment.
The clause of leave narrarted in appointment contract with other conditions by the employer. So nothing can be spelled in the matter, rather the decission of the employr is final.
19th July 2019 From India, Mumbai
Earned leave will become due after 180 DAYS of joining whether it is confirmed or not. Normally, employer avoids confirm to any employee.
RAJIV JAIN
19th July 2019 From India, New Delhi
The provisions for leave as per the Punjab Shops & Comml.Estts act are extracted as under -
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14. Leave - (a) Every employees who has been in employment for not less than twenty days in a year shall be entitled to one day’s earned leave for every such twenty days.
Provided that a young person shall be entitled to one days earned leave for every fifteen days of employment during the year.
(b) If an employee is discharged or dismissed from or leaves service during the course of the year, he shall be entitled to leave with
1. Added vide Haryana Act, No. 1 of 1997.
wages or wages in lieu of unavailed leave at the rates laid down in clause (a).
(c) In calculating leave under this section fraction of half a day or more shall be treated as one day’s leave fraction of less than half a day shall be ignored.
(d) If an employee does not in any one year take the whole of the leave allowed to him under clause (a), any leave, not taken by him shall be added to the leave to be allowed to him in the succeeding year;
Provided that -
(i) Subject to any specific agreement between the employer and the employee, the total number of days of leave, that may be carried forward to a succeeding year shall not exceed forty in the case of a young person or thirty in any other case;
(ii) the provisions of this section shall not operate to the prejudice of any rights to which an employee may be entitled under any other law or under the terms of any award agreement or contract of service;
(iii) where such award, agreement or contract of service provides for a longer leave with wages or weekly holidays than those provided under this section, the employee shall be entitled to such longer leave or weekly holidays as the case may be.
(2) Leave provided in clause (a) sub-section (1) shall when applied for, shall not when applied for, be refused except for a valid reason to be communicated in writing by the employer to the employee within fifteen days of the application.
Provided that the leave so refused shall, if applied for again, be allowed during the year.
(3) (a) For the purpose of computing the period during which an employee has been in employment within the meaning of clause (a) sub- section (1) the period during which he was on leave under this section and the off-days in a week referred to in section 11, shall be included.
(b) The unavailed leave of an employee shall be taken in to consideration in computing the period of any notice required to be given before discharge removal or dimissal.
(4) Notwithstanding any thing contained in the foregoing sub- sections, every employee in an establishment shall be allowed with wages seven days casual leave and seven days sick leave in a year.
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20th July 2019 From India, Bangalore
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