Confused About Leave Entitlements for Field Staff in Different States? Let's Discuss!

Dear Seniors, I am working with a Pharma Co. having its head office in Mumbai and registered under the Bombay Shops & Establishment Act. Like many other pharma companies, we also have field staff across India but no offices other than in Mumbai. Our leave policy is in line with the provisions of the act.

Query on Leave Entitlement for Field Staff

I want to know whether an employee who is working in the field in Tamil Nadu will be entitled to the same leaves as per the Tamil Nadu Shops & Establishment Act. I came across earlier discussions on Cite HR where seniors have suggested that the provisions of the state where the employee is working will be applicable. However, when I checked with one of the shops and establishment inspectors in our ward, he says that the provisions of the state from where the salary is being processed will be applicable. Furthermore, none of the acts have shed light on this matter.

Please share your comments.

Thanks & regards,
DS

Understanding Leave Policies Across States

The state in which the salary is being processed, in your case, is Mumbai, so the Shops & Establishment (S&E) laws of Mumbai will be applicable—technically! In practice, almost all employers facing similar situations tend to allow staff to draw on leaves by the state they are working in, deployed to, or employed in.

The fine line confusion arises from the following:

1. If your appointment letter has employees reporting to someone in the HQ location, then the employee has been deputed or 'transferred' and will be eligible for leaves of the HQ state/location.

2. If your firm has a branch office registered in another state, then the labor laws (including holidays/leaves) of that state apply since it is assumed that the employee is reporting to the local branch office.

In your case, if the S&E inspector claims to the contrary, he's incorrect if the holiday list, by location, is part of your HR policy. Hope this helps.

Since you are working with a Pharma company, the Shop and Establishment Act does not apply to your field staff. Instead, you need to follow the provisions of the Sales Promotion Employees (Conditions of Employment) Act. The leave rules, weekly offs, and various other provisions of the act need to be followed by you for these employees. The Shop and Establishment Act will apply only to those employees who are stationed mostly at the office.

Mandatory Holidays and the S & E Act

Holidays have nothing to do with the S & E Act. Mandatory holidays such as Independence Day, Republic Day, Gandhi Jayanti, and May Day have to be given. Each state can have a different list of holidays based on local festivals, etc.

Regards,
Anil Nagpal