Leave Provisions Per Shops & Estbl Act For Different States

Dear HR Colleagues,

I have observed a lot of confusion regarding the number of leaves, types of leaves, and how to create a leave policy, etc. I had similar issues while formulating and evaluating my organization's leave policy too. So, I did a bit of internet research on the various Shops & Establishment Acts regarding Leave Provisions. My findings were limited to the following states only: Maharashtra, Karnataka, Andhra Pradesh, Delhi, and Uttar Pradesh (Noida).

Please note that this report refers to all establishments governed by the Shops & Establishment Act only, along with the Model Standing Orders. Provisions under the Factories Act are not included.

I am attaching the file below.

Regards,
Rose S

Great work, Rose. Can you also comment on festival holidays in Delhi? I am a little confused. I got to know that it's 9 days as per the National and Festival Holidays Act, but I'm not able to find any law substantiating this.

Regards,
Samar Abbas

Dear Samar,

I found only a few states that have an Act specifically for National Holidays & Festivals, i.e., Karnataka, Kerala, Tamil Nadu, and Punjab. The National Holidays & Festivals Act as per the central government is actually The Weekly Holidays Act and does not specify the number of National Holidays or Festivals.

To answer your query, Delhi does not have a specific Act for National Holidays & Festivals. Delhi seems to be covered under the Delhi Shops & Estb Act and has three mandatory holidays as per the Act. It would also be governed by Model Standing Orders (Central Rules). So, you would have to go by those guidelines.

On average, though, most companies provide anywhere between 8-10 paid holidays depending on their leave policy.

Regards,
Rose

Hi Rose,

Can you please tell me about the Shops & Establishment Acts regarding leave for M.P.?

Regards,
Vasu

Hi Rose,

The Punjab Industrial Establishment (National and Festival Holidays) Act is applicable for Delhi, but I think it's not applicable to the service sector.

Regards,
Samar Abbas

Dear Vasu,

I could not find the bare act for MP per se on the internet, but I think you could purchase a copy of the Act from a bookstore and thus find the details you require.

Regards,
Rose S

Dear Getsy,

Per TN Shops & Estb Act: There are 12 Earned Leaves (which can be accumulated up to a maximum of 24), 12 SL, and 12 CL.

Regards, Rose

Great work, Rose. Can you please tell me where I can learn more about the same for Meghalaya.

Dear All,

Can anyone help me with regard to the deduction of Labour Welfare Fund for southern states comprising Tamil Nadu, Andhra Pradesh, Kerala, and Karnataka? In Tamil Nadu, it is Rs. 7/- from the employee's share and Rs. 14 from the employer. Is it uniform all over the southern states? An early reply will be appreciated. Please note that LWF is deducted in December every year and remitted to the Labour Welfare Board on or before 31st Jan.

Wishing all HR colleagues a Happy and eventful NEW YEAR.

Regards,
R. Srinivasan

What should be the basic criteria whenever we fix a salary for a new employee? Are there any standard measures fixed for determining the basic salary, or can we allocate a certain percentage to a basic salary? Kindly let me know about the percentage of the basic salary. Anyone who can provide insights, please reply to my email id: alok_malviya1@rediffmail.com. An early response would be highly appreciated.

Hi,

Can anyone tell me if a holiday falls on a weekend, is compensatory time off given on a weekday? I am in the IT industry, and we have Saturdays and Sundays off. This year, a number of holidays fall on the weekend, so I was wondering what the policy is regarding that. For example, last year, Diwali fell on a weekend, and a compensatory holiday was given on Monday. Please shed some light on this.

Thanks and regards,
Sonia

Hi Rose,
Thanks for your valuable information,
I am working in chennai, we have branch office at Mumbai, Banglore, Delhi & Hyderabad.
I don’t know how to prepare leave policy for other state; your material will be very useful for me.
keep posting
Thanks & Regards
J.Dinesh

Hi Garima,

There is a good site for checking minimum wages: [Minimum Wages in Maharashtra](http://www.paycheck.in/main/officialminimumwages/maharashtra).

But, I want to know/discuss whether the minimum wage is applicable to interns/trainees as well.

Regards,
Samar

Please let me know whether sick leave is optional as per the Factories Act and compulsory under the Shops & Establishment Act. ESI-covered employees need not be entitled to sick leave or how it is.

Dear Member,

The Factories Act, 1948 only provides provisions on annual leave with wages (Chapter VIII). If you are covered under this Act, then the Shops Act is not applicable to your establishment. Your State Shops & Establishments will have provisions on leaves, including sick leave.

Regards,
R.N. Khola

Please let me know whether sick leave is optional as per the Factories Act and compulsory under the Shops & Establishments Act. ESI covered employees need not be entitled to SL or how it is.

Do we need to give sick leave as per the Factories Act or not, and the same with the Shops and Establishment Act? Are ESI-covered employees also required to be given sick leave? Please clarify.

Can anybody help me in getting the format of Manpower requisition, Interview assessment, and Induction. Your early reply is appreciable, please.

Dear Member,

Happy New Year to all the CiteHR.com members.

Leaves, as mentioned by you, are to be calculated and granted as per the applicability of the enactment(s). Therefore, first, see under which of the Act(s) your establishment is covered for the grant of these leaves, and then go through the provisions relating to your query.

With Regards,
R.N.Khola
* Also Senior Vice President, Labour Law Advisers Association, Gurgaon

Dear Rose_s,

Thank you for the Leave Provisions per Shops & Establishments Act for different states, but I want to see the leave provisions for Haryana (Gurgaon).

Thanks and regards.

Please send me the Recruitment Policy, Performance Appraisal Policy & Leave Policy if you have them. I am in the process of drafting these for a startup organization in Karnataka.