Can Employers Offer Less Than 12 Days of Leave Under Tamilnadu Shops Act?

Leave Entitlement Clarification

As per the above provisions, every person in any establishment is entitled to sick leave (also casual leave) for a period not exceeding 12 days in twelve months of service. The act does not specify any minimum days nor mandate a specified number. It specifies only the maximum number. If that is the case, can the employer consider leave for less than 12 days? For example, whether casual leave or sick leave can be granted for only 6 days in a year.

Can an inspector insist on 12 days compulsorily as the minimum number of days? Also, can establishments consider more than the specified number of days, say 14 days if they wish, since the act specifies the maximum days. Are there any case laws on this?

Thanks in advance.

Regards,
R Kannan

Please read the relevant sections of the Tamil Nadu Shops and Establishments Act. Section 25 deals with holidays with wages.

Holidays and Sick Leave

Section 25 reads as follows:
(1) Every person employed in any establishment shall be entitled, after twelve months of continuous service, to holidays with wages for a period of 12 days in the subsequent twelve months.

Section 25(1) mandates that every person employed "SHALL" be entitled to 12 days of holidays with wages after rendering continuous service for twelve months. Therefore, in the case of an employee, you have no choice but to grant a minimum of 12 days of holidays with wages if the employee has worked continuously for 12 months. You cannot reduce the number of holidays with wages to less than 12 as it would violate section 25. The same reasoning applies to sick leave and casual leave as well.

With regards,
Regards

I think the important word here is "ENTITLED." The person earns 12 days. How much and when is purely up to the employee and employer.

The balance leave can be accumulated or encashed.

It is not correct to say that "how much and when is purely up to the employee and employer." This is also regulated by the Tamil Nadu Shops and Establishments Act.

Regards,

Dear Harikrishnan Sir,

I am working as an Admin Executive in an Engineering company. I request you to kindly clarify the number of days (CL/SL/EL) an employee is eligible for (i.e. minimum) as per the Shops & Establishment Act.

Thank you.

I would like to draw attention to the following post from: "V. Harikrishnan - Joint Commissioner of Labour (Retired)." Your statement regarding: "The same reasoning applies to sick leave and casual leave also."

Term in S.H.E. Act (TN)

However, the following "term" is found in S.H.E. Act (TN): {Not exceeding}*** Every person employed in any establishment shall also be entitled (b) to casual leave with wages for a period not exceeding 12 days on any reasonable ground. Hence, it is clear that firms have the right to establish their own leave policy concerning CL & SL. Also, SL does not apply to employees covered under ESIC.

Can you kindly review and shed more light on the subject?

Thanks!

With Regards,
V. Govindarajan.