Annual Leave Scheme-based On Working Days - PDF Download

Hi Group,
Sub: Leave (Annual Leave Days)
I just wanted to check as per attachment file can anyboy tell me is there any provision in Legal side.
Thank You
Manish

Dear Manish
I presume, your mention of level 3 and 4 pertains to company, for which the leave applicable - Am I right?
It is policy decision and vary from company to company.
Regards
L.Kumar

Dear Mr. Kumar,
yes , level is for internal part but i was more concern to know at Legal Aspact, is there any provision like Leave based on Working Days.
Thanks

Dear Manish
Crediting leave to employee's account is no way connected to the number of days working of the organisation.
L.Kumar

Dear Manish
a company can give at least 12PL, 7CL and 7SL which is mandatory. anything above this is also acceptable. Again the carried forward system can also vary and so the encashment.
regards

Leave is a subject of respective concerns. Only Factories Act makes it mandatory to allow leave with wages. According to Factories Act, any worker who had worked for 240 days in the preceding year shall get leave @ 1 leave per 20 days. In order to calculate the number of days worked, the lay off days, leave with wages days aviled, maternity leave days, leave due to disablement etc will be added up. Bur one can avail leave for the actual days worked only.
Any other leave shall be decided by the respectice company. In fact, the leave eligibility and rules relating to encashment will be given in the certified standing order of the company.
Regards,
Madhu.T.K

yes manish as per law there is provision to give minimum of 12 leaves and maximum depending on the company policy. but actually level 3 and level4 can also avail leaves of upto 24 or many annualy if the service is of 10- 20 years and above.
with regards
valbooj

Hi Madhu,
We dont come under Factories act. We come under Shops & Establishment act. Do you help by referring any sites/books which clearly sate the leave rules for company's under Shops and Establishment. We also dont have standing orders registered. How should we go about it? Is it mandatory?
Thanks
JK

There is no Central Act for shopa and establishments but the respective state will have separate Act. Under the Kerala Shops & Establishments Act, it is 12 days. In addtion to this 12 days sick leave shall also be given.

This is statutory but if any organisation pays more than what is stated in the labour enactments, the higher quantum should be followed.

Drafting and certification of Standing Orders is mandatory for those establishments employing not less than 100 employees subject to state ruling. In certain states, there are ruling by the appropreate Govt. which makes it obligatory for the firms employing lesser no. of employees (50 employees) to have standing order of itsown.

A standing order is suppose to contain every thing relating to the functional relationship between the employee and employer. Once the standing order is certified it becomes a binding document because drafting of standing order is done in consultation with the workers and the concerned authority( Officer not below the rank of Asst. Labour Commissioner) will certify the standing orders only he finds that the provisions are acceptable to both the parties. Therefore, it is always desirable to get standing orders drafted and certified.

Regards,

Madhu.T.K