Hi Team,
I am working in a Software organization. I am not part of HR.I am part of Service excellence team.
When I am doing Security audit on Hr, related to statutory and regulatory requirement I found its not exactly meeting the Tamilnadu Shop and establishment act. I already gone through few previous discussions and could not find the correct answer. However understood that all the Software organizations are falling under Shop and establishment act as per court ruling.
From my understanding we should have 12 days Annual leave,12 days sick leave and 12 days CL. And for permanent employees the leaves to be credited on 1st Jan of every year or after completing one year. Till that time based on company policy 1 day per month will get included.
However we have 12 days AL, and 8 days CL or Ml. No separate leave for Cl and ML.Also even for permanent employees , the leaves are credited for each month only. Reason if they credit all leaves in jan , few were taking all the leaves and absconding.
As a SW organization we have 9AM to 6 PM with 1 hr lunch break. Holiday on Saturday and Sunday.
Our HR says we are not following 48 hrs work as given in Shop and establishment act. My argument is as per the act it is 48 hrs max only.
Please guide me are we following the shop and establishment act leave policy correctly? Otherwise it will become a non compliance against the regulatory requirement.
I am working in a Software organization. I am not part of HR.I am part of Service excellence team.
When I am doing Security audit on Hr, related to statutory and regulatory requirement I found its not exactly meeting the Tamilnadu Shop and establishment act. I already gone through few previous discussions and could not find the correct answer. However understood that all the Software organizations are falling under Shop and establishment act as per court ruling.
From my understanding we should have 12 days Annual leave,12 days sick leave and 12 days CL. And for permanent employees the leaves to be credited on 1st Jan of every year or after completing one year. Till that time based on company policy 1 day per month will get included.
However we have 12 days AL, and 8 days CL or Ml. No separate leave for Cl and ML.Also even for permanent employees , the leaves are credited for each month only. Reason if they credit all leaves in jan , few were taking all the leaves and absconding.
As a SW organization we have 9AM to 6 PM with 1 hr lunch break. Holiday on Saturday and Sunday.
Our HR says we are not following 48 hrs work as given in Shop and establishment act. My argument is as per the act it is 48 hrs max only.
Please guide me are we following the shop and establishment act leave policy correctly? Otherwise it will become a non compliance against the regulatory requirement.