Understanding Legal Leave Entitlements: How Many Days Off Are You Really Allowed Each Year?

How many days of leave is a person legally entitled to per year.

---

In most countries, the number of days of leave an employee is entitled to per year is determined by labor laws or employment contracts. The amount of leave can vary depending on factors such as the length of service, company policies, and local regulations. It is important for both employers and employees to be aware of the entitlements to ensure compliance with the law and fair treatment in the workplace.

Dear Member,

Please let us know the Act under which this person is legally entitled to avail leaves per year. Give some details.

With Regards,
R.N.Khola

We do not fall under ESI.

My query is for both the admin office, which has 4 employees, and the factory, which has 24 employees under various sections.

Dear Member,

If your unit is covered under the Factories Act, then grant EL in accordance with Chapter VIII of this Act on annual leave with wages (sec 79). For the grant of CL & SL, you are to follow the State Industrial Establishment (National & Festival Holidays and Casual & Sick Leaves) Act. If your Admin. office is separate, then adhere to the State Shops Act for the grant of CL, SL & EL.

Regards,
R N Khola

As a general rule of thumb, the default holidays under the Negotiable Instruments Act need to be observed along with the national/state holidays. You may also be eligible for casual/sick leave and a few privileged leaves.

In a region, there is one regional office situated in Calcutta, and the employees recruited for the Calcutta office are sent to site locations to work with the client at the client's site. These employees are Quality Engineers.

Legal Consideration for Site Holidays

The question at hand is: If the company in Calcutta asks these employees to follow site holidays since they are working on-site, is it legally correct? The holiday entitlement (excluding Sunday, EL, CL, SL) at the Calcutta office is 17 days per year, whereas at the client's premises or site, it is only 8 days.

Please provide comments from a legal perspective.

Compliance with Leave Policies

Leaves for industry, company, factory, shop, and other establishments should adhere to legislation based on the type of organization as outlined in your leave policy detailed in the HR manual. It is essential to comply with the factory rules of the state or the Shops and Establishments Act, where the policy on annual leaves with wages is categorized into chapters. Please review this information.

Regards,
Kalyan