Dear Seniors, Please help me with Leave Policy as per labour law in Maharashtra, Mumbai. Does any candidate are legally eligible for the leave while they are in probation Period ? Please help me !!
From India, Mumbai
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4From India, Mumbai
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First of all let the forum know whether your company comes under Factories Act or under Shops and Establishment Act.
From India, Ahmadabad
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From India, Ahmadabad
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Dear Hetal,
The rules of leave depend on whether it is a factory or a commercial establishment.
In the case of a Factory, every worker who has worked for more than 240 days in a year is entitled to fully paid privilege leave in the next year at the rate of 1 day for every 20 working days. The year is a calendar year and not a financial year. This facility is available to all persons, including probationers.
If any person has joined in the middle of a year, for example, on 1-8-2013, then he is also entitled to PL in the year 2014, calculated at the above rate, but the qualifying clause of 240 days is proportionately adjusted. This means the employee should have worked for more than two-thirds of the entire period. In the given example, it comes to 5 x 2/3 = 3 and 1/3 months.
To have a complete idea of legal provisions, it is recommended to read Chapter 8 containing Sections 78 to 84 of the Factories Act. Similar provisions are also included in the Maharashtra Shops and Establishments Act, in which annual leave is prescribed for 21 days.
From India, Kolhapur
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The rules of leave depend on whether it is a factory or a commercial establishment.
In the case of a Factory, every worker who has worked for more than 240 days in a year is entitled to fully paid privilege leave in the next year at the rate of 1 day for every 20 working days. The year is a calendar year and not a financial year. This facility is available to all persons, including probationers.
If any person has joined in the middle of a year, for example, on 1-8-2013, then he is also entitled to PL in the year 2014, calculated at the above rate, but the qualifying clause of 240 days is proportionately adjusted. This means the employee should have worked for more than two-thirds of the entire period. In the given example, it comes to 5 x 2/3 = 3 and 1/3 months.
To have a complete idea of legal provisions, it is recommended to read Chapter 8 containing Sections 78 to 84 of the Factories Act. Similar provisions are also included in the Maharashtra Shops and Establishments Act, in which annual leave is prescribed for 21 days.
From India, Kolhapur
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My Company falls under Shops and Establishment Act.Please let me know the leave policy as per Maharashtra labour law.
From India, Mumbai
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From India, Mumbai
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Hello All, Can anyone Suggest which Leave Policy will be applicable for a IT Software Company located in Gujarat? Thank you for your valuable time and consideration.
From India, Ahmedabad
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From India, Ahmedabad
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Generally, in the case of office staff, Paid Leave is 30 days in a year, which can be accumulated up to 90 days. Apart from PL, casual leave of 10 days is also admissible, which normally is not carried over. Depending on the nature of work, rules are framed for PL. Minimum how many days' leave at a stretch are required to be availed, and whether it can be clubbed with CL, etc. There cannot be any hard and fast rules, but just to administer the leave without affecting the work, certain guidelines can be framed.
From India, Kolhapur
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From India, Kolhapur
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Every employer has to grant leave as per the act applicable to them, such as the Shops and Establishments Act, the Factories Act, or any other act under which they are registered. So, first, check the registration and then review the relevant clauses. Every state has its own rules, so those rules should also be checked. In addition to the act or rules, employers can provide better facilities.
S.C. Gupta
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S.C. Gupta
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Thank you for your response. According to my knowledge, I have come across the rule of:
1. Casual Leave - 7 days
2. Sick Leave - 7 days
3. Privilege Leave - 21 days
According to the Shops and Establishments Act, Privilege Leave is applicable to employees from 1st January, and leave is calculated on a pro-rata basis. Correct me if I am wrong.
Regards,
Rupal
From India, Ahmedabad
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1. Casual Leave - 7 days
2. Sick Leave - 7 days
3. Privilege Leave - 21 days
According to the Shops and Establishments Act, Privilege Leave is applicable to employees from 1st January, and leave is calculated on a pro-rata basis. Correct me if I am wrong.
Regards,
Rupal
From India, Ahmedabad
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Leave Policy.doc