I work for a healthcare services company in Gurgaon, Haryana. Our company is registered in Mumbai and is funded by a sister concern of the owner, which deals in industrial packaging and employs a large labor workforce in Mumbai. The industrial company has a rule that employees will be given 15 days' salary at the end of the year if they do not take a single day's leave during the entire year. They are trying to enforce this rule on us as well. I would like to know:
Does such a leave policy exist where employees are not given any type of leave for the year? If yes, which type of industry uses such a policy?
Can they enforce this rule on us, or do they have to go according to the shop & establishment act policy of Haryana as far as leave is concerned?
Thank you
From India, New Delhi
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1Does such a leave policy exist where employees are not given any type of leave for the year? If yes, which type of industry uses such a policy?
Can they enforce this rule on us, or do they have to go according to the shop & establishment act policy of Haryana as far as leave is concerned?
Thank you
From India, New Delhi
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Healthcare services and the S&E Act
Healthcare services, in my opinion, are probably covered under the S&E Act of the State. Therefore, the leave rule should be as per the guidelines of the S&E Act of the State.
Leave rules under the Factories Act
An industrial establishment is covered under the Factories Act, where the paid leave is earned on the basis of 1 day of paid leave for every 20 working days. In a year, the maximum number of working days available may be 365 - 52 (weekly off/Sunday) - 12 (approximate paid festival holidays - which vary from state to state). Therefore, the maximum number of working days available in a year will be around 301 days. Paid leave earning under the Factories Act will be calculated as 301/20 = 15 days of paid leave maximum.
The leave rule of the industrial establishment is probably based on the above calculation.
Regards, S K Bandyopadhyay (WB, HOWRAH) CEO-USD HR Solutions [Phone Number Removed For Privacy-Reasons] [Email Removed For Privacy Reasons] USD HR Solutions – To strive towards excellence with effort and integrity.
From India, New Delhi
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Healthcare services, in my opinion, are probably covered under the S&E Act of the State. Therefore, the leave rule should be as per the guidelines of the S&E Act of the State.
Leave rules under the Factories Act
An industrial establishment is covered under the Factories Act, where the paid leave is earned on the basis of 1 day of paid leave for every 20 working days. In a year, the maximum number of working days available may be 365 - 52 (weekly off/Sunday) - 12 (approximate paid festival holidays - which vary from state to state). Therefore, the maximum number of working days available in a year will be around 301 days. Paid leave earning under the Factories Act will be calculated as 301/20 = 15 days of paid leave maximum.
The leave rule of the industrial establishment is probably based on the above calculation.
Regards, S K Bandyopadhyay (WB, HOWRAH) CEO-USD HR Solutions [Phone Number Removed For Privacy-Reasons] [Email Removed For Privacy Reasons] USD HR Solutions – To strive towards excellence with effort and integrity.
From India, New Delhi
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Leave Policy for Bangladeshi Private Companies 2013.doc