Leave Rules [Thread 413449]

Could any one tell me plz?, where the leave rules has been written in the ACT, kindly tell me if some one is enjoying EL then holiday fall in between the leave would be count as a leave or not.

Mr.Bhardwaj
There is no one universal Act to lay down leave rules for uniform application. It depends up on the nature of estbalishment. If your establish is a comemrcial establishment, you need to follow the leave rukes laid down unde rteh Shopsa nd Establsihments act applicable to your state and if it is afactory, you need to follow the Factories Act and so on and so forth.
B.Saikumar
Mumbai

But in factory act there is no straight forward explanation regarding Leaves, where can i get the satisfactory answer of my question whether holidays (like sunday will be counted in the leave days when leave is in continuation from previous week to next week.
if you do have any document kindly send to me!!!

Mr.Bharadwaj
Please refer to Explnation 2. to Sec.79 of teh Fcatories Act which lays down that the earned leave admissible shall be exclusive of all holidyas whethr occurring during or at the end of the leave. thus Sundays falling during the elave period shall be excluded.
B.Saikumar
Hr & Labour Law advisor
Mumbai

Subject : Warning Letter
Hi,
Can a management of a company issue warning letter to staff who are no complete their extending working hrs as verbally instruction done by their superior. Meaning, staff was not complete their overtime as per instructed.
What is the correct way to issue warning letter to staff.
Can a staff refuse to sign warning letter.
What are the next step action to be taken to staff who are refuse to acknowledge the warning letter.

Dear Harsh,
Whether it is any leave if you are continuously on leave then your week-off will be counted as a leave only.You should be present either a day before a holiday/week-off or a day after your week off/holiday to make it count as an week off/holiday.
Regards
Chander

Dear rmy_nbg9078,
According to law you cannot force a worker to work overtime.If you are planning to give a employee a warning letter what would be the basis of it and what would be content of it as it would not be valid in labour court.However, performance can be made basis for issuing of warning letter.But, i would request you to kindly have a word with him and try to counsel him/her that this would be important for his/her performance appraisal and it is very important for his and the organization's growth.
As regards to your second query.Yes, an employee has a right to refuse to sign warning letter if he does not agree to the contents of it.
However, you can keep a copy & orginal in his personal file mentioning on the warning letter that the individual has refused to accept the same .
Regards
C.M.Mohla

Mr.rmy
Let me put the issues referred by in proper perspective.An employer whether under the Facatories Act or under Shops Act can very well require a facatory worker/an employee to do over time. However hes has to issue a notice of his intention of so requiring an employee for over time to the Factories Inspector or to the Shops Inspector. If the employer's instructions are thus lawful and the employee/worker refuses to do over time, it amounts to insubordination and he can issue a memo of warning for such conduct under copies to the respective Inspectors. An employee/worker has no right to refuse to accept an official communication. If he refuses to accept the letter, you can record his refusal on the warning letter in the pesence of two witnesses under their signature. itamounts to good service.
B.Saikumar
Hr & Labour Law advisor
Mumbai

Mr Kumar , what Mr Chander said is true, this seems to be confusing whether sunday of other hloiday counts in leave while some one is on long leave or on leave for two weeks? kindly clear?

If your is engaged in installation of power transmission etc, these all activities comes under services means you will provide services to your cumtomers in different plant or industry and their premises.
One thing i want to suggest you, now a days most of the industries asking for PF and ESI liability, when some one provides services to the industry, its mandatory that if you are allowing some one to work inside your premises then its their responsibility to complete all compliances of prncple employer, in that case they will ask you for providing their Pf and ESI details.
So first of all you should go for PF and ESI compliances...
Regards
Harsh