Are Software Companies in Tamil Nadu Skipping the 36-Day Leave Rule? Seeking Clarity from Peers

Dear Peers,

A few weeks back, I requested details about the number of leaves for a software (SW) organization as per the act. From the peers' feedback, I understood that any software organization has to follow the Shop and Establishment Act. Since we are in Tamil Nadu, we have to adhere to the rules established by the TN government in this regard. Upon reviewing the Shop and Establishment Act of TN, I discovered that a total of 36 days of leave per annum should be given to employees - CL: 12, AL/EL: 12, and SL: 12.

However, upon consulting with an HR consultant, we learned that most software organizations in Chennai are not following this rule. Consultants are advising other organizations, to whom they provide services, not to grant 36 days of holidays since government inspectors are not monitoring this closely, and they have not raised any objections.

Is this true? I have previously worked in a few software organizations in Chennai, including multinational corporations. Even there, the leaves granted were fewer than 36 days. Could you please provide clarification on this matter?

Thank you.

If a government official is not checking and not raising any objections, it does not mean that no one will check and raise objections in the near future.

The difficulty of the employees getting their eligible leave from the managements of target-driven private enterprises is well known to all. However, the companies mentioned in the post do not provide for all types of statutory leave, which is really shocking. How can they avail of the self-certification facility under rule 16-C of the TNSE Rules, 1948? It might be better to make a complaint to the Commissioner of Labour at D.M.S Compound, Teynampet, Chennai-6.