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Subin
Hi, Our office, a design firm, has recently shifted to the industrial area of NOIDA. I wanted to formulate/revisit our leave rules. Could any one please guide me on the following:
1. What should be the total number of leaves available to an employee?
2. Under what all categories and in what numbers, have the leaves to be given? (CL/SL/EL etc)
3. Under what specific Act are we covered? (Factories Act or Shop & Est Act)
4. For records, where can I access the Act?
Looking forward to your support.
Thanks

From India, New Delhi
malikjs
167

dear subin
you might be providing serices than your firm will be covered under uttar pradesh dukan avam vanijaya adhisthan adiniyam(U P shop and est act).as per this act
1 privilege--15 days
2.casual----10 days.
3.sick------15 days
tks
js malik
3.sick-------15days

From India, Delhi
Subin
Dear Malik sir
Thank you so much for your prompt response.
I just wanted to confirm once again that being a design firm and despite being located in the factory area we are not covered under the Factory's Act but it is UP Shops & Establishments Act.
Secondly, in Delhi we were giving 30 days leave under various heads. Is it therefore mandatory to give 40 days, as mentioned, in UP?
Thanks

From India, New Delhi
malikjs
167

dear
it is nature of business which decides whether it should be covered under factories or shop act.
secondly i have given what act says ,now u decide what u want to do .you are free ,even not to give a single leave.

From India, Delhi
v.k.gupta
2

Dear Mr.Subin,
Good Morning !

The Factory Act ,1948 applies to that establishment/factory in which ten (10) or more than ten workers are employed on any day of the preceeding twelve months and are engaged in manufacturing process being carried out with the aid of power or twenty or more than twenty workers are employed in manufacturing process being carried out without the aid of power. Otherwise, being the commercial establishment the U.P.Shop & Commercial Establishment Act would apply. As per Factory Act, an employee is entitled one day EL on every 20 working days( i mean to say if the employee is physically present for 20 days in the factory),7 days casual leave and 10 days sick leave,( sick leave is applicable to the employees those are not covered under ESIC Act ,if ESIC Act is applicable to your est./factory than no need to give sick leave to the employees covered by this Act). Under Shop Act, you have to provide the leaves as Mr.Malik apprised. But, I am not agree with this line of Mr.Malik that if you wish , you are free not to give any leave. In my openion , if the provisions of the Act applies than one should follow that as he is bound by the provisions of that Act. Please be apprised accordingly. For any kind of further clarification in any other matter you are free to mail me on my ID- .

V.K.Gupta

From India, Delhi
c898427@bsnow.net
Dear All,
My query is that I have 62 employees, (24 employees i.e 7 Staff and 17 workers are permanent i.e on my payroll) the remaining 38 are contracted thru two contactors of 19 employees each. Since PF applies to more than 20 employees of a company and since the contractors company hires these employees n contracts them to me.. Me being the principal employer, do I have to contribute towards their PF since I am registered.. awaiting a reply.. thnx in anticipation.. regards.. CSRS P ltd.

From India, Delhi
raj042kool
dear all
i am working in an mnc plant of germany .
i would like to know that if a person(operator) inform's about is leave on phone ,(actual rule is to feel the leave card before 3 day's) from his home
my question is that do we can cosider his / her leave ?
regd
Raj

From India, Pune
Y K BHOOSHI
Dear
In any Organization to avail SL / CL, three days prior sanction is not required. On emergency, SL / CL employee can avail and after resume duties leave can be regularised. As far as PL/EL concerned, prior application is required.
I Hope this clarification is enough for U
regards
Bhooshi Y K
HR & IR Professional

From India, Hyderabad
barenhr
If some one taking leave from friday to monday. so sunday will be go for leave or go for W.off.
From India, Delhi
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