Hi, I NEED YOUR ADVICE: My construction company is under the Shops & Establishments Act in Gujarat state. We have to implement a leave policy in our company. Currently, the company only provides Sundays off, equating to 52 weeks off in a year, plus 13 days of festival leave. The company is not willing to provide any paid or casual leave.
My questions are:
1) Is there a rule that mandates companies to provide leave to employees?
2) On my site location, the company grants an additional 2 leaves to engineers, which can be carried forward. However, the company has a policy that employees become eligible for leave encashment upon resignation after completing 3 years of service. Is this practice legal or not?
From Nigeria, Sango
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My questions are:
1) Is there a rule that mandates companies to provide leave to employees?
2) On my site location, the company grants an additional 2 leaves to engineers, which can be carried forward. However, the company has a policy that employees become eligible for leave encashment upon resignation after completing 3 years of service. Is this practice legal or not?
From Nigeria, Sango
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The Gujarat Shops and Commercial Establishments (Regulation of Employment and Conditions of Service) Act 2019 provides for 7 days of CL and 7 days of sick leave for every employee each year. In addition to CL and SL, every employee who has worked for 240 days in the preceding year shall be given earned leave at the rate of one day for every 20 days worked in the preceding year. These leaves are in addition to the weekly holidays and national and festival holidays to be given. The number of such holidays is 3 national holidays (Jan 26th, Aug 15th, and Oct 2nd) and five festival holidays as decided.
From India, Kannur
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4490From India, Kannur
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf
Leave Policy.doc