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I work for a healthcare services company in Gurgaon, Haryana. Our company is registered in Mumbai and is funded by a sister concern of the owner which deals in industrial packaging and employs a huge labour work force in Mumbai.

The industrial company has a rule that employees will be given 15 days salary at the end of the year if they do not take a single days leave during the entire year.

They are trying to enforce this rule on us as well. I would like to know:
a). Does such a leave policy exist where employees are not given any type of leave for the year. If yes, which type of industry uses such a policy
b). Can they enforce this rule on us or do they have to go according to the shop & establishment act policy of Haryana as far as leave is concerned
Thank you

From India, New Delhi

Health care service to my opinion probably covered under S & E Act of the State. Therefore, the leave rule should be as per guideline of S & E Act of the State.

Industrial establishment is covered under Factories Act where the paid leave earned on the basis of 1 day paid leave against 20 working days. In a year maximum working days may be available 365 - 52 ( weekly off / Sunday) - 12 ( appx paid festival holidays - vary from State to state ). Therefore, the maximum working days available in a year will be 301 days (appx). Paid leave earning under Factories Act will be 301/20 = 15 days paid leave maximum.

The leave rule of the industrial establishment probably on the basis of above calculation.

S K Bandyopadhyay ( WB, HOWRAH)
CEO-USD HR Solutions
+91 98310 81531

USD HR Solutions – To Strive towards excellence with effort and integrity

From India, New Delhi
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