I have recently (August 2021) joined a for-profit startup company that is yet to finalise its HR policy in writing including the basics of the number of leaves etc allowed for employees. We have been verbally informed that we can only take 1 day sick leave in a month - no CL, EL or any other type of leave is sanctioned and if we take more than 1 day leave, our salary is deducted. My questions are:
Can a company refuse to give its employees CL and EL ?
Can they deduct salary when no policy has been finalized and nothing has been given in writing to staff?
From India, New Delhi
Can a company refuse to give its employees CL and EL ?
Can they deduct salary when no policy has been finalized and nothing has been given in writing to staff?
From India, New Delhi
Dear Michelle,
The company is registered under either Shops and Establishment Act or the Factories Act of the particular state. Please find out provisions of the employee leave of the act applicable to you. The number of days of leave can be more than act applicable but not less. Secondly, employee leave is a statutory benefit and its denial is a transgression of the law.
Thanks,
Dinesh Divekar
From India, Bangalore
7855The company is registered under either Shops and Establishment Act or the Factories Act of the particular state. Please find out provisions of the employee leave of the act applicable to you. The number of days of leave can be more than act applicable but not less. Secondly, employee leave is a statutory benefit and its denial is a transgression of the law.
Thanks,
Dinesh Divekar
From India, Bangalore
Dinesh-ji has shown you the correct approach
However, please note that in both acts, the leave normally accumulates in January for the previous year and from the time you join to January of the next year, you are not eligible for leaves.
However, you may also see the Model Standing Orders of your state and consider that as a benchmark
From India, Mumbai
However, please note that in both acts, the leave normally accumulates in January for the previous year and from the time you join to January of the next year, you are not eligible for leaves.
However, you may also see the Model Standing Orders of your state and consider that as a benchmark
From India, Mumbai
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Staff Leave.doc
Karnataka Leave.xlsx