Hello,
I am seeking information about whether employees on probation are eligible for Casual Leave (CL) and Sick Leave (SL) under the provisions of the Gujarat Shops and Establishment Act. Any insights would be appreciated.
From India, Mumbai
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I am seeking information about whether employees on probation are eligible for Casual Leave (CL) and Sick Leave (SL) under the provisions of the Gujarat Shops and Establishment Act. Any insights would be appreciated.
From India, Mumbai
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As per the Gujarat Shops and Establishment Act, probationary employees are entitled to Casual Leave (CL) and Sick Leave (SL) benefits. Here's a breakdown of the eligibility criteria for both types of leave:
1. Casual Leave (CL):
- Probationary employees are typically eligible for CL benefits.
- The number of CL days granted may vary based on the specific company policies or the employment contract.
- It's advisable to refer to the Gujarat Shops and Establishment Act for the exact entitlement of CL for probationary employees.
2. Sick Leave (SL):
- Probationary employees are generally entitled to Sick Leave benefits.
- The Act may specify the number of SL days that can be availed by probationary employees.
- Employers should ensure that probationary employees are aware of the procedures for requesting and utilizing Sick Leave.
To get precise details on the exact entitlements and conditions regarding CL and SL for probationary employees under the Gujarat Shops and Establishment Act, it's recommended to refer directly to the official documentation or seek guidance from legal experts well-versed in labor laws.
From India, Gurugram
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741. Casual Leave (CL):
- Probationary employees are typically eligible for CL benefits.
- The number of CL days granted may vary based on the specific company policies or the employment contract.
- It's advisable to refer to the Gujarat Shops and Establishment Act for the exact entitlement of CL for probationary employees.
2. Sick Leave (SL):
- Probationary employees are generally entitled to Sick Leave benefits.
- The Act may specify the number of SL days that can be availed by probationary employees.
- Employers should ensure that probationary employees are aware of the procedures for requesting and utilizing Sick Leave.
To get precise details on the exact entitlements and conditions regarding CL and SL for probationary employees under the Gujarat Shops and Establishment Act, it's recommended to refer directly to the official documentation or seek guidance from legal experts well-versed in labor laws.
From India, Gurugram
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Dear Chourey Rahul Dutt,
On your request the provision of different types of leave discussed below. (l) Every worker shall be allowed a weekly holiday with wages:
(2) Casual Leave::
Every worker shall be entitled to seven days casual leave with wages in
every calendar year which shall be credited into the account of the worker
in the beginning of the calendar year, but it shall lapse if the casual leave
remains un-availed at the end of the year.
(3) Medical Leave::
Every worker shall be entitled to seven days leave on medical grounds
with wages in every calendar year which shall be credited into the account
of the worker in the beginning of the calendar year, but shall lapse if
un-availed at the end of the year.
(4)Earned Leave::
Every worker who has worked for a period of two hundred and forty
days or more in a shop or establishment during a calendar year shall be
allowed during the subsequent calendar year, leave with wages for a
number of days calculated at the rate of one day for every twenty days of
work performed by him during the previous calendar year.
(5) Every worker shall be permitted to accumulate earned leave up to a
maximum of six three days.
(6) Where the employer refuses to sanction the leave which is due under
sub-section (4) when applied fifteen days in advance, then the worker shall
have a right to encash leave in excess of sixty-three days:
Provided that, if a worker is entitled to leave other than causal and
festival leave under this section, is discharged by his employer before he has been allowed the leave, or if, having applied for and having been refused
the leave, he quits his employment on account of retirement, resignation,
death or permanent disability, the employer shall pay him full wages for the
period of leave due to him.
(7) A worker shall be entitled to eight paid festival holidays in a calendar
year, namely, the 26th January, 15th August and 2nd October and five such
other festival holidays as may be agreed to between the employer and the
workers before the commencement of the year. On these days, he shall be
paid wages at the rate equivalent to his ordinary rate of wages excluding
overtime:
Provided that, the employer may require any worker to work in the
shop or establishment on all or any of these days, subject to the conditions
that for such work the worker shall be paid double the amount of the
ordinary rate of wages and also leave on any other day in lieu of the
compulsory holiday.
(8) For the purpose of sub-section (4),-
(a) any days of lay-off, by agreement or contract or as permissible
under the model standing orders or standing orders certified
under provisions of the Industrial Employment (Standing
Orders) Act,1946;
(b) in the case of a woman worker, maternity leave under the
provisions of the Maternity Benefits Act, 196l;
(c) the leave earned in the year prior to that in which the leave is
availed; or
(d) the absence of the worker due to temporary disablement
caused by an accident arising out of and in the course of his
employment,
shall be deemed to be days on which the worker has worked in the shop or
establishment for the purpose of computation of the period of two
hundred and forty days or more,-but shall not earn leave for these days.
(9)The leave admissible under Sub-Section(4)shall be exclusive of all
holidays whether occurring during or either at the end of the period of
leave.
(10)Every worker shall be paid wages for the period of his leave earned under sub-sections (4) and (5) at a rate equivalent to the daily average of
.his wages for the days on which he actually worked during the preceding
three months, exclusive of any earnings in respect of overtime'
From India, Mumbai
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On your request the provision of different types of leave discussed below. (l) Every worker shall be allowed a weekly holiday with wages:
(2) Casual Leave::
Every worker shall be entitled to seven days casual leave with wages in
every calendar year which shall be credited into the account of the worker
in the beginning of the calendar year, but it shall lapse if the casual leave
remains un-availed at the end of the year.
(3) Medical Leave::
Every worker shall be entitled to seven days leave on medical grounds
with wages in every calendar year which shall be credited into the account
of the worker in the beginning of the calendar year, but shall lapse if
un-availed at the end of the year.
(4)Earned Leave::
Every worker who has worked for a period of two hundred and forty
days or more in a shop or establishment during a calendar year shall be
allowed during the subsequent calendar year, leave with wages for a
number of days calculated at the rate of one day for every twenty days of
work performed by him during the previous calendar year.
(5) Every worker shall be permitted to accumulate earned leave up to a
maximum of six three days.
(6) Where the employer refuses to sanction the leave which is due under
sub-section (4) when applied fifteen days in advance, then the worker shall
have a right to encash leave in excess of sixty-three days:
Provided that, if a worker is entitled to leave other than causal and
festival leave under this section, is discharged by his employer before he has been allowed the leave, or if, having applied for and having been refused
the leave, he quits his employment on account of retirement, resignation,
death or permanent disability, the employer shall pay him full wages for the
period of leave due to him.
(7) A worker shall be entitled to eight paid festival holidays in a calendar
year, namely, the 26th January, 15th August and 2nd October and five such
other festival holidays as may be agreed to between the employer and the
workers before the commencement of the year. On these days, he shall be
paid wages at the rate equivalent to his ordinary rate of wages excluding
overtime:
Provided that, the employer may require any worker to work in the
shop or establishment on all or any of these days, subject to the conditions
that for such work the worker shall be paid double the amount of the
ordinary rate of wages and also leave on any other day in lieu of the
compulsory holiday.
(8) For the purpose of sub-section (4),-
(a) any days of lay-off, by agreement or contract or as permissible
under the model standing orders or standing orders certified
under provisions of the Industrial Employment (Standing
Orders) Act,1946;
(b) in the case of a woman worker, maternity leave under the
provisions of the Maternity Benefits Act, 196l;
(c) the leave earned in the year prior to that in which the leave is
availed; or
(d) the absence of the worker due to temporary disablement
caused by an accident arising out of and in the course of his
employment,
shall be deemed to be days on which the worker has worked in the shop or
establishment for the purpose of computation of the period of two
hundred and forty days or more,-but shall not earn leave for these days.
(9)The leave admissible under Sub-Section(4)shall be exclusive of all
holidays whether occurring during or either at the end of the period of
leave.
(10)Every worker shall be paid wages for the period of his leave earned under sub-sections (4) and (5) at a rate equivalent to the daily average of
.his wages for the days on which he actually worked during the preceding
three months, exclusive of any earnings in respect of overtime'
From India, Mumbai
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TAMILNADU SHOPS AND EStt.Act.Leave Rules.docx
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(Fact Checked)-Your explanation of leave entitlements under the Gujarat Shops and Establishment Act is accurate. Good job! (1 Acknowledge point)