Dear knowledgeable seniors,
I have certain doubts regarding the leave entitlement of the company. As the Shops and Establishment Act states, "Every employee shall also be entitled during the first twelve months of continuous service and during every subsequent twelve months of such service in any establishment to leave with wages for a period not exceeding twelve days, on the ground of any sickness incurred or accident sustained by him or for any other reasonable cause." This implies that there is no legal obligation to give CL, SL, and PL in that period. However, how important is it to have paid leaves like CL, SL, and what could be the advantages of a leave card and how to go about implementing it.
Please help.
Thanks and Regards,
A.G. Hegde
From India, Bangalore
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3I have certain doubts regarding the leave entitlement of the company. As the Shops and Establishment Act states, "Every employee shall also be entitled during the first twelve months of continuous service and during every subsequent twelve months of such service in any establishment to leave with wages for a period not exceeding twelve days, on the ground of any sickness incurred or accident sustained by him or for any other reasonable cause." This implies that there is no legal obligation to give CL, SL, and PL in that period. However, how important is it to have paid leaves like CL, SL, and what could be the advantages of a leave card and how to go about implementing it.
Please help.
Thanks and Regards,
A.G. Hegde
From India, Bangalore
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You have pointed out only one provision to the section dealing with leave under the said Act. The Karnataka Shops and Commercial Establishments Act provides (I presume under section 15) for earned leave (annual leave with wages) at the rate of one day for every 20 days worked. This is in addition to the sick leave for a maximum of 12 days for a period of 12 months or simply one day for a month's service. The Act also provides for encashment of leave at the time of leaving the establishment either due to his resignation or by termination of employment by the employer, or in the event of the death of the employee and carry forward of leave at the end of the year. Therefore, maintaining a leave card is necessary.
Regards,
Madhu.T.K
From India, Kannur
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Regards,
Madhu.T.K
From India, Kannur
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Dear Mr. Hegde,
There are state-wise provisions for PL, SL, and CL as defined in the Shops & Establishments Act. For West Bengal, the leave provisions are as follows:
- PL – 14 days/year on a full pay basis, can be accumulated up to a maximum of not more than 28 days
- SL – 14 days/year on a half pay basis
- CL – 10 days/year on a full pay basis
Hope this information helps.
Regards,
Probhat Goswami
From India
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There are state-wise provisions for PL, SL, and CL as defined in the Shops & Establishments Act. For West Bengal, the leave provisions are as follows:
- PL – 14 days/year on a full pay basis, can be accumulated up to a maximum of not more than 28 days
- SL – 14 days/year on a half pay basis
- CL – 10 days/year on a full pay basis
Hope this information helps.
Regards,
Probhat Goswami
From India
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hi, pls let me know all leaves will be calculate on calender year /finacial year Regards KIRAN
From India, Bangalore
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From India, Bangalore
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Can we give more number of days of leave than that specified in the Shops & Establishment Act? Actually, we provide per year: PL-30 (accumulation up to 180 days); CL-10; and SL-15 (accumulation up to 60 days).
If yes, where is this provision mentioned in the Act.
From India, Mumbai
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If yes, where is this provision mentioned in the Act.
From India, Mumbai
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SELF-CERTIFICAT E PROFORMA UNDER THE PUNJAB SHOPS AND COMMERCIAL ESTABLISHMENT ACT, 1958.doc
Shops & Establishment Act 1961 - Karanataka.pdf