Managing Contract Employee Leave: Policy Formulation and Compliance Insights

Hi,

I need some suggestions to restructure my company's leave policy. In our company, all confirmed employees are entitled to get 30 days of earned leave. However, we also have some contract employees who have been with us for more than one year.

My question is, are they entitled to take leave? If yes, then how many days are they allowed?

My company operates under the Bombay Shops and Establishment Act policy.

With Best Regards, Nilanjana.

Dear Sir,

The contract labor is also eligible for leave benefits similar to direct employees. Please refer to the Bombay Shop and Establishment Act, where it is mentioned that "employee" or 'worker' includes both contract and direct employees.

Thank you.

In the Bombay Shops and Establishment Act, the rules are specified. You can refer to the Act and formulate leave policies based on the Act guidelines.

Pon

Hello,

Are the employees on contract with the company? In that case, all that is provided in the contract will apply, although one must know that you cannot contract out of the law! Therefore, you will have to treat them as regular employees for the purposes of all compliances for the duration of the contract originally agreed to or extended from time to time.

If these employees are in the nature of "labor provided by a contractor," then first, the Contract Labour (Regulation and Abolition) Act will apply. There are substantive provisions that are obligatory for the contractor and the principal employer.

If you have further specific queries, frame them and shoot!

Regards,
Samvedan
August 6, 2011

Dear All,

I have recently joined as an HR Generalist with an NGO and am in the process of framing policies for all its staff. Since it is an NGO, most of them are under the contract banner, and they work either part-time or full-time. My queries are as follows:

- Can a contract employee continue as a contract staff through the years?
- How much leave are they entitled to?

Mary Sheeba Paul
HR Generalist
Concerns Universe Foundation