Casual & Sick Leave

Hello Everyone,
Please guide me.. regarding leave.
Actually I just wanted to know that IS NON-CONFIRMED EMPLOYEES OF COMPANY ARE ELIGIBLE FOR LEAVES(CASUAL, SICK OR EARNED)?...
If yes, can there is any related Act or section of leave for private limited company in India. Please share ASAP.

Required more details about the query. Where is your company located and what type of company is yours to provide appropriate details? factory or shops and establishment.

Check your state's shops and establishment act sec 25 to know about the leave details.

TN shops and establishment act says as follows:

Holidays and sick leave:

(1) Every person employed in any establishment shall be entitled, after twelve months continuous service, to holidays with wages for a period of 12 days, in the subsequent period of twelve months: provided that such holidays with wages may be accumulated up to a maximum of twenty- four days.

(2) Every person employed in any establishment shall also be entitled during his first twelve months of continuous service after the commencement of this Act, and during every subsequent twelve months of such service

(a) to leave with wages for a period not exceeding twelve days, on the ground of any sickness incurred or accident sustained by him and

(b) to casual leave with wages for a period not exceeding twelve days on any reasonable ground.

I Am Contractual Employees In The Ministry Under The Contractor, No Casual Leave, No Medical Leave Etc..... Provide By The Contractor Since Last 5 Years, no leave, nothing

Thanks Divakar, My company is located in Gurgaon location and it's a MNC (Japanese Company). If their is any particular section or Act no. please share it..

You have not said whether your company is a manufacturing unit or a IT/ITES type.
There is no sick leave or casual leave is prescribed in factories act. As per sec 79 of factories act, An employee will be earned with one day leave for every 20 days work performed. An employee will eligible for those leaves after completion of 240 days or more in a calender year.
sec 14 of Punjab shops and establishment says as follows.
14. LEAVE.-
(1) (a)Every employee who has been in employment for not less than twenty days in a year shall be entitled to one day's earned leave for every such twenty days.
(4) Notwithstanding anything contained in the foregoing sub-sections, every employee in an establishment shall be allowed with wages seven days casual leave and seven days sick leave in a year.

Thanks,
Company Detail: Right now the company is Trading Company(only sale the product). Please tell me that the employee who is not-confirmed by the company is eligible for any type of leave.

Your company will come under shops and establishment act. Please purchase a book on the above act and keep it with you / in your company.
Even an employee is not confirmed, you are supposed to provide 7 days casual leave and 7 days sick leave with wages in a year. you can calculate it on prorata basis and provide it from the date of joining, as 14 days is for whole year.
He may not be eligible for earned leaves unless he completes a year.

As per law the leaves entitlement has no relation with confirmation.It is governed by the respective laws on leaves.

Dear Mr. Varghese,
Can you please elaborate, how leave entitlement has no relation with confirmation? Can you please share Act or section against this law?

There is no law at national level on how and when an employee should be confirmed except a word 'probationer ' in the standing orders Act..This will not be applicable to non workmen and to all employees of establishments where SO Act is not applicable.In such cases the HR policies or terms of appointment order will govern the issue of probation or confirmation.

And leaves for employees in factories are governed by sec 79 of the Factories Act.As per this any worker who has worked for a period of 240 days in the previous year shall be given leave in next year @ one for every twenty working days irrespective of whether the worker is confirmed or not.

Sec 52 of the Mines Act has a provision for leave where in there is no requirement of confirmation.

Leaves in other sectors are governed by the respective state's Shops and Commercial Est Acts.You may check with your states Act.I do not think that confirmation is a condition for leave in any of such state Acts.

Maternity leave/benefits are governed by rule 56 of ESI rules or sec 5 of the Maternity benefit Act as the case may be.These provisions also do not say about confirmation other than contributory or service conditions .

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