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Hi, I am an HR professional working with a construction company. I want a leave policy sample draft that complies with Maharashtra state laws for civil construction companies.

According to the information I have, the following are the leaves from April to March - Financial Year:
- EL: 18 days - per month 1.5 leave
- SL: 8 days

Please help me with a leave policy draft. Thank you

From India, Pune
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We have the Building and Other Construction Workers (Regulation of Employment and Condition of Services) Act, 1996, to regulate the engagement of, and to govern the service conditions of the workers engaged in construction sites. This Act provides all the necessary provisions to ensure the health, welfare, and safety of construction workers. However, there is no mention of leaves to be granted to construction workers. The construction office is covered by the state (Maharashtra) Shops and Commercial Establishments Act. As such, the employees deployed in the office, such as clerks, accountants, and managers, will follow the leave rules as per the state Shops Act. But in respect of workers deployed on construction sites, there seem to be no common rules for leaves.

Leave Policy for Construction Workers

In the absence of any provision under the BOCW Act, you can frame your own policy with 1.5 days of leave for every month worked and 8 days of sick leave. It would be advisable to make the earned leaves 1.5 days for every 30 days worked in the preceding year (calendar year) so that for the first year of employment, an employee would not have any earned leave, but they will earn earned leave as soon as they complete one year of service. At the same time, sick leave shall be credited to every employee on the date of joining itself but shall be allowed to be availed at the rate of 2 leaves per quarter.

From India, Kannur
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Hi Giriraj,

As per current practice in India, for all project sites, regardless of the nature of the work (Civil, Mechanical, Electrical, Instrumentation, and Architectural), 1.5 days of leave are offered for working a minimum of 20 days per month. Very few well-known companies provide a nominal amount of casual or sick leave. However, every contracting company is required to pay for national holidays, as well as three to four days for Rangpanchami, Dasara, Diwali, and other festivals.

I have attached a file with information on leave eligibility and rules under the Shops and Establishments Act in the states of Maharashtra, Gujarat, and Delhi for your reference.

Regards,

Suresh

From India, Thane
Attached Files (Download Requires Membership)
File Type: doc Leaves PL_CL_SL under shops and establishment act MH_GJ_DL.doc (124.0 KB, 26 views)

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