Umakanthan53
Labour Law & Hr Consultant
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Hello Everyone, Can anyone in this group help me get Complete Leave Policy for Tamilnadu under Factory Act and Shop Establishment Act. I'm an HR professional and recently shifted to Chennai.
From India, Kolkata
Hi Sandip,
These are one of the basic knowledge a HR prof. should seek for.
To start with, consult the acts, laws & rules and exactly follow what has been provided therein -
1.Factories act & TN Factories Rules
2.TN Shops & Estts.Act
3.Model & Standing Orders of the respective industries
3.TN Govt.notification for general & festival holidays for the respective years
4.And cull out/collect details & practices followed in the similar industries/shops dealing in the sector.
Do your own home work on the above, that will suffice.

From India, Bangalore
Hi Sir, Thanks for your valuable answer. Could you please suggest which one I should follow? Factory act or Shop & Estts. act or both the act should be followed. Regards; Sandip
From India, Kolkata
Hi Sandeep,
How will I know. You have to check the status/composition/regn. of your firm. It goes with what entity is yours and nature of operation/manpower etc. There is no possibility of both Factory Act & Shops Estt.act being applicable to you. Your Regn.will tell you that.
You have to tell us status so that we can suggest other aspects.

From India, Bangalore
Dear Sandip,

In continuation of the replies above, I would like to add that the workers/persons employed coming under the purview of the Factories Act,1948 and the Tamilnadu Shops and Establishments Act,1947 are also covered by the Tamilnadu Industrial Establishments ( National and Festival Holidays ) Act,1958 in respect of National and Festival holidays as a factory under the FA,1948 and a shop/establishment under TNSE Act are defined as industrial establishments under the Act of 1958.

Under section 3 of the TNIE(FH) Act,1958, every employee should be allowed in each calendar year a holiday of one whole day on the January,26, the 1st May, the 15 th August and the 2nd October and 5 other festival holidays. Within 30 days from the date of commencement of work in the industrial establishment, the employer has to get 5 festivals approved by the Inspector for the area as festival holidays to be given to the employees.

Apart from the weekly holiday of one day in every week u/s 16 of the TNSE Act,1947, every person employed shall be given 12 days of leave with wages in each calendar year following 12 months of continuous service u/s 25(1) which is analogous to EL. This leave can be accumulated to the ceiling of 45 days and whatever the no of days at the credit shall be encashable in the event of termination of employment.

Under sec.25(2)(a), the employed person is entitled to 12 days of lapsable leave with wages in each calendar year on account of sickness or accident. However, the balance leave at the credit of the employee is encashable on termination during the calendar year.

Under sec.25(2)(b), the employed person is entitled to 12 days of lapsable Casual Leave with wages.

Every employer is required to issue every month wage slip/leave card in Form T under rule 11(6) of the TNSE Rules,1948.

Section 79(1) of the FA,1948 mandates the grant of Annual Leave with Wages to every worker. Section 79 is a complete Code in itself in respect of this leave and better you go through the provisions of the entire section thoroughly to know its scale, calculation, accumulation and encashability.

From India, Salem
Thanks you Umakanthan Sir for nice explanation.
From India, Kolkata
Dear Respectful Elders,
I have few queries on this topic
1. how many does an employee compulsory need to work to get 12 days EL leave per year. (i.e., if an employee worked for only 216days/year(Avg 18days/month). Is he/she eligible for 12days EL for that year.
2. If an employee has 12EL as carry forward and 12EL for current year(Total 24). If he is going to resigned by june month. How many days is he eligible for EL encashment(assuming he has not taken any leave till june month).

From India, Madras
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