Hi, My company comes under Bombay shop & establishment act. We have 18 EL in my company. We don't have CL. When i go to my company's director and told him that we should give 8 CL to employees, he says we give Saturday and Sunday as holiday so which other companies don't give so why we are required to give CL.
Kindly please suggest what i can do for this. As i understand CL is right of employees and it should be given to them. But because of higher authority i am unable to do so.
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The statutory standards of conditions of service of employees are always minimum considering the totality of employment practices prevailing. As such no employer can deny a particular statutory condition to his employees just because he is liberal in respect of certain other conditions of employment. To be frank, the work system of 5-day week or 6-day week is adopted by certain employers not because of the interest of their employees but only because of the nature of business activities carried on by the establishments. Therefore, it cannot be a justification for the denial of some other statutory benefit. If any complaint is made to the Commissioner of Labor by the employees and in case of prosecution by the enforcement agency, the Court will not accept such a defense. The poster can appraise the CEO of this legal position.
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