How Do Leave Rules Apply for Employees at Project Sites Across Different States?

Query Regarding Leave Rules

We need advice on site employee rules.

1. Employees are working as employees of the branch office, e.g., Delhi office, and are posted at a project site in Rajasthan. Under the Shop & Establishment Act, will they be entitled to leaves and other benefits as per the Delhi Shop & Establishment Act or the Rajasthan Shop & Establishment Act?

2. In Maharashtra, under the Shop & Establishment Act, only Earned Leaves (21 PL or EL) are mentioned. Please advise on Sick Leaves and Casual Leaves. Is there any other law that is a deciding factor for Sick Leaves and Casual Leaves in Mumbai?

In the scenario described, the entitlement to leaves and benefits for employees posted at project sites is a crucial aspect to consider. Here are the key points to address:

1. Leave Entitlement under Shop & Establishment Acts:
- Employees posted at project sites fall under the jurisdiction of the Shop & Establishment Act of the state where the project site is located. Therefore, employees posted in Rajasthan would be entitled to leaves and benefits as per the Rajasthan Shop & Establishment Act, not the Delhi Act.

2. Leave Types in Maharashtra:
- While the Maharashtra Shop & Establishment Act specifies Earned Leaves, the provisions for Sick Leaves and Casual Leaves may vary. It is advisable to refer to the specific laws governing Sick Leaves and Casual Leaves in Mumbai, which may be covered under separate legislation or company policies.

3. Additional Considerations:
- It's essential to review the specific provisions of the Shop & Establishment Acts in each state to ensure compliance with leave entitlements. Consulting legal experts or HR professionals well-versed in labor laws can provide detailed insights tailored to the specific circumstances.

By understanding the nuances of labor laws and regulations in different states, organizations can effectively manage leave entitlements for employees posted at project sites while ensuring compliance with relevant legislation.