Dear Sanchi Sudha,
There is a State Labour Legislation in Tamilnadu styled as " The Tamilnadu Industrial Establishments ( Conferment of Permanent Status to Employees ) Act,1981 " which mandates that every employee who has completed 480 days of continuous employment in an industrial establishment in a period of 24 calendar months shall be made permanent. Even that Act does not define what permanent status is; but just stipulates the condition for it and explains the conditional requirement in terms of the number of days the employee worked within the strech of time-frame prescribed, that's all. Only in Government Service relating to the discharge of its inalienable sovereign functions posts are classified as temporary and permanent and the question of cofirmation arises when a Govt.servant gets a lien to a permanent post only. In the matter of employment in industrial enterprises, there is no necessity for such a classification of posts rather than employees for the reason the scale of operations precisely determines the requirement of the number of people. The scale of operation is actually predetermined by the top Management / Employer of the industrial enterprise. After all, employment is a contract of service between two unequal parties viz., the employer and the employee. As such the mighty employer can exploit the poor employee by keeping him temporarily on a permanent nature of work for years together. That's why Law does not make any distinction between a permanent employee and temporary employee in respect of service conditions such as leave, wages, terminal benefits etc. It is actually the length of service and not the nature of appointment that entitles an employee for leave benefits available under any Labour Law applicable to his establishment.
From India, Salem
6016There is a State Labour Legislation in Tamilnadu styled as " The Tamilnadu Industrial Establishments ( Conferment of Permanent Status to Employees ) Act,1981 " which mandates that every employee who has completed 480 days of continuous employment in an industrial establishment in a period of 24 calendar months shall be made permanent. Even that Act does not define what permanent status is; but just stipulates the condition for it and explains the conditional requirement in terms of the number of days the employee worked within the strech of time-frame prescribed, that's all. Only in Government Service relating to the discharge of its inalienable sovereign functions posts are classified as temporary and permanent and the question of cofirmation arises when a Govt.servant gets a lien to a permanent post only. In the matter of employment in industrial enterprises, there is no necessity for such a classification of posts rather than employees for the reason the scale of operations precisely determines the requirement of the number of people. The scale of operation is actually predetermined by the top Management / Employer of the industrial enterprise. After all, employment is a contract of service between two unequal parties viz., the employer and the employee. As such the mighty employer can exploit the poor employee by keeping him temporarily on a permanent nature of work for years together. That's why Law does not make any distinction between a permanent employee and temporary employee in respect of service conditions such as leave, wages, terminal benefits etc. It is actually the length of service and not the nature of appointment that entitles an employee for leave benefits available under any Labour Law applicable to his establishment.
From India, Salem
Hi there !!!
There are mandatory leaves and other are part of contract between employer and employee. Mandatory are weekly off and Annual Leave with wages for factories, while for shops & establishment Annual leave and CL and SL.
In case of factories other leaves are either part of Standing Orders, leave policy or appointment letter or settlement between management and unions.
Thus except annual leave with wages (18/year) there is no guideline for other rtype of leaves in case of factories.
From India, Mumbai
There are mandatory leaves and other are part of contract between employer and employee. Mandatory are weekly off and Annual Leave with wages for factories, while for shops & establishment Annual leave and CL and SL.
In case of factories other leaves are either part of Standing Orders, leave policy or appointment letter or settlement between management and unions.
Thus except annual leave with wages (18/year) there is no guideline for other rtype of leaves in case of factories.
From India, Mumbai
Dear Friends,
The queriest is from Gurgaon and his query is on CL and SL.
The queriest is subjected to Punjab Industrial Establishment (National and Festival Holidays and Casual and Sick Leave)
Act, 1965.
According to this Act, every worker is entitled to CL & SL as prescribed therein. Here, the term 'every worker' is to be taken for consideration while replying the said query. There is no terminology in the Act as confirmed worker, non confirmed worker or probation worker, temporary or casual worker etc.
Hope I have cleared the position.
From India, Mumbai
The queriest is from Gurgaon and his query is on CL and SL.
The queriest is subjected to Punjab Industrial Establishment (National and Festival Holidays and Casual and Sick Leave)
Act, 1965.
According to this Act, every worker is entitled to CL & SL as prescribed therein. Here, the term 'every worker' is to be taken for consideration while replying the said query. There is no terminology in the Act as confirmed worker, non confirmed worker or probation worker, temporary or casual worker etc.
Hope I have cleared the position.
From India, Mumbai
Dear MADANAGOPALASWAMY,
It seems, you have not read the entire thread and replied.
The learned members need to respond any query on reading every posts in the thread. When the answer is already given to the queriest and that is too, in very specific words, and still anybody feels that answer is not correct and some thing else, he can correct it with substance.
You are telling the queriest that his query is not clear after I gave him specific answer with substance. Why I am writing this all because when I charge the corporates on giving such kind of reply, I am being challenged here.
From India, Mumbai
It seems, you have not read the entire thread and replied.
The learned members need to respond any query on reading every posts in the thread. When the answer is already given to the queriest and that is too, in very specific words, and still anybody feels that answer is not correct and some thing else, he can correct it with substance.
You are telling the queriest that his query is not clear after I gave him specific answer with substance. Why I am writing this all because when I charge the corporates on giving such kind of reply, I am being challenged here.
From India, Mumbai
Dear Mr. Korgaonkar,
Thanks for providing your valuable time to answer my query. I have gone to the act also, your point is absolutely correct n fine. Actually i have join the Japanese Company(Establishment ) in Gurgaon on 1st June, 2015 till date i am not confirmed in the organisation. Now While processing the last month Salary(September), they told me that i am not eligible for any kind of leave. and the leave i have taken in last few month will deducted from my salary. and there is no such policy or any where written in company document about the deduction of leave.
From India, Gurgaon
Thanks for providing your valuable time to answer my query. I have gone to the act also, your point is absolutely correct n fine. Actually i have join the Japanese Company(Establishment ) in Gurgaon on 1st June, 2015 till date i am not confirmed in the organisation. Now While processing the last month Salary(September), they told me that i am not eligible for any kind of leave. and the leave i have taken in last few month will deducted from my salary. and there is no such policy or any where written in company document about the deduction of leave.
From India, Gurgaon
Dear Sanchi,
Any of your search outside your own organisation may not help you, as every MNC has its well framed set of rules for employees, mostly known as employees manual or even a separate set of leave rules. So, better go through that manual first and come forward with your doubt, if any you get, for clarification. Otherwise, different versions of replies based on different set of rules can only create confusions for you.
From India, Delhi
Any of your search outside your own organisation may not help you, as every MNC has its well framed set of rules for employees, mostly known as employees manual or even a separate set of leave rules. So, better go through that manual first and come forward with your doubt, if any you get, for clarification. Otherwise, different versions of replies based on different set of rules can only create confusions for you.
From India, Delhi
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