Leave Policies - Probation Period

Dear All,

This is sarang here,

i am redesigning the leave policy for my company and i want some help regarding the legal implications,

The current Scenario: 7 leaves for trainees ( 6 months probation period ) this is applicable to everybody who is joining new may be as a fresher or a experience one.

once the 6 months are over he is entitled for 7 casual Leaves, 7 sick leaves,

After the employee completes one year he will be entitled for Earned Leaves as 1 leave for each 10 working days.

Proposed Scenario:

i want to remove this complicated structure, and would like to design some thing like 7 leaves for the probation period,

once the employee completes probation period he will be entitled for 22 Earned leaves ,

please let me know if there are any legal rules whic suport this,

we are an IT complay so we would not be considerd under the factory act.

also most of the IT companies are following this structure.

i would reuest you all to please let me know the process

Kind Regards

Sarang Kamalakar

Hi Sarang,
I am also working for an IT company were we have a policy of 6 sick leave's, 6 casual leave's & 12 Privilege leaves.
Basically we wanted to keep 24 leave's in total for a year for a permanent employee. (We have a 6 months probation period). So we have distributed these leave's as above.
You can keep your leave structure as per your company standards and comfortability because there are no such legal rules applied for Leave Policy.
Also we have no leave's sanctioned for employee's who are on probation period. Because we already have an 2nd & 4th saturday off.
Do let us know if you need any other help besides this.
Sapana Kale

Dear Sarang and Sapana,
The leaves are normally governed by the Factories Act in case of manufacturing industry and Shops and establishment act of the state for industries other than manufacturing.
Since, in IT/ITES there is no manufacturing activity, we are governed by the shops and establishment act of the state that we are located in.
Leaves are a matter of right conferred to the employees by the any of the abovementioned two acts. However, prior approval is a must in cases other than sick leaves.
The issue is that the moment you tell the employee that his annual entitlement is such n such, s/he would prefer to exhaust the entitlement within the year, especially where a particular type of balance leaves e.g. CL will lapse by the end of the year.
The leave policy is to be made in such a way that the employees may avail leaves in the year for rest and recuperation, without affecting the productivity of the organization.
Best wishes,
Sunil Joshi

hi,
We have this provision in industrial act that the employeer can give leaves as per the industrial act. But casual leaves cannot be leass then 12 as per the industrial act. for manufacturing units/ factories min 18 PL has to be given to workers but in case where the employeer is giving better previlages then as prescribed by industrial act the later would be preferred. It depends on HR policies of the company what the management wants to give and what would be brest for the employees.
Suresh

Hey Thanks Sunil , suresh, and sapana,
Now the basic problem which i have is i have studid the Bombay Shop and Estb. act which says 21 Leaves should be aloocated, but now when i am changing the leave structure do i have to take a concern of any labour consultant or do i have to look for the legal implications of this restructure
please kindly let me know
Kind regards
SARANG

Dear Sarang,
No you donot have to take any type of consultency from any labour consultant. Kindly note that the leaves system you are planning is better then what is given in the factory act. So the it will be appreciated by the labour welfare department.
Suresh Sharma

To citehr
No you donot have to take any type of consultency from any labour consultant. Kindly note that the leaves system you are planning is better then what is given in the factory act. So the it will be appreciated by the labour welfare department.
FROM RICHA