Hi Harish,
Have you posted the query on this discussion thread?
This discussion is completely meant to discuss the leave structure of the different companies and to understand logic behind this,
Kindly start a fresh discussion on your query
Govind
From India, Mumbai
87Have you posted the query on this discussion thread?
This discussion is completely meant to discuss the leave structure of the different companies and to understand logic behind this,
Kindly start a fresh discussion on your query
Govind
From India, Mumbai
Hi
As per the judgment of the Madras High Court, except opening and closing hours of the office the entire Tamil Nadu Shops and Establishment Act applies to software companies in Tamil Nadu hence the leave system of your company should be in line with the Shops and Establishment Act you can red following excerpts
__________________________________________________ __________
CHAPTER VIHolidays with Wages
25.
Holidays and sick leave:
(1) Every person employed in any establishment shall be entitled, after twelve months¶ continuous service, to holidays with wages for a period of 12 days, in thesubsequent period of twelve months: provided that such holidays with wages may beaccumulated up to a maximum of twenty- four days.(2) Every person employed in any establishment shall also be entitledduring his first twelve months of continuous service after the commencement of this Act,and during every subsequent twelve months of such service, (a) to leave with wages for a period not exceeding twelve days, on the ground of any sickness incurred or accidentsustained by him and (b) to casual leave with wages for a period not exceeding twelvedays on any reasonable ground.(3) If a person entitled to any holidays under sub- section (1) isdischarged by his employer before he has been allowed the holidays, or if havingapplied for and been refused the holidays, he quits his employment before he has beenallowed the holidays, the employer shall pay him the amount payable under this act inrespect of the holidays.(4) If a person entitled to any leave under sub- section (2) is dischargedby his employer when he¶s sick of suffering from the result of an accident, the employer shall pay him the amount payable under this act in respect of the period of the leave towhich he was entitled at the time of his discharge, in addition to the amount, if anypayable to him under sub- section (3).(5) A person employed shall be deemed to have completed a period of twelve months¶ continuous service within the meaning of this section, notwithstandingany interruption in service during those twelve months brought about (i) by sickness,accident, or authorized leave not exceeding 90 days in the aggregate of all three. (ii) bya lockout (ii) by a strike which is not an illegal strike (iv) by intermittent periods of involuntary unemployment not exceeding thirty days in the aggregate and authorizedleave shall be deemed not to include any weekly holiday or half- day holiday under thisact which occurs at the beginning or end of an interruption brought about by the leave.(6) A person employed in a hostel attached to a school or college or in anestablishment maintained in a boarding school and lodging of pupils and residentmasters shall be allowed the privileges referred to in sub- sections (1) to (5), reducedhowever proportionately to the period for which he was employed continuously in theprevious year or to the period for which he will be employed continuously in the currentyear, as the case may be; and all references to periods of holidays or of leave in sub-sections (1) and (2) shall be construed accordingly, fractions of less than one day being desregarded
__________________________________________________ _____________________
So it is saying 12 days leave with pay. Hence you cannot term it as CL and SL. you should term it as PL. for your company, giving only 12 days PL is mandatory as per the TN Shops and Establishment Act. Apart from that, there should be one weekly off and other holidays as per National Holidays and Festivals Act.
I hope I am able to clear your doubt.
From India, Mumbai
As per the judgment of the Madras High Court, except opening and closing hours of the office the entire Tamil Nadu Shops and Establishment Act applies to software companies in Tamil Nadu hence the leave system of your company should be in line with the Shops and Establishment Act you can red following excerpts
__________________________________________________ __________
CHAPTER VIHolidays with Wages
25.
Holidays and sick leave:
(1) Every person employed in any establishment shall be entitled, after twelve months¶ continuous service, to holidays with wages for a period of 12 days, in thesubsequent period of twelve months: provided that such holidays with wages may beaccumulated up to a maximum of twenty- four days.(2) Every person employed in any establishment shall also be entitledduring his first twelve months of continuous service after the commencement of this Act,and during every subsequent twelve months of such service, (a) to leave with wages for a period not exceeding twelve days, on the ground of any sickness incurred or accidentsustained by him and (b) to casual leave with wages for a period not exceeding twelvedays on any reasonable ground.(3) If a person entitled to any holidays under sub- section (1) isdischarged by his employer before he has been allowed the holidays, or if havingapplied for and been refused the holidays, he quits his employment before he has beenallowed the holidays, the employer shall pay him the amount payable under this act inrespect of the holidays.(4) If a person entitled to any leave under sub- section (2) is dischargedby his employer when he¶s sick of suffering from the result of an accident, the employer shall pay him the amount payable under this act in respect of the period of the leave towhich he was entitled at the time of his discharge, in addition to the amount, if anypayable to him under sub- section (3).(5) A person employed shall be deemed to have completed a period of twelve months¶ continuous service within the meaning of this section, notwithstandingany interruption in service during those twelve months brought about (i) by sickness,accident, or authorized leave not exceeding 90 days in the aggregate of all three. (ii) bya lockout (ii) by a strike which is not an illegal strike (iv) by intermittent periods of involuntary unemployment not exceeding thirty days in the aggregate and authorizedleave shall be deemed not to include any weekly holiday or half- day holiday under thisact which occurs at the beginning or end of an interruption brought about by the leave.(6) A person employed in a hostel attached to a school or college or in anestablishment maintained in a boarding school and lodging of pupils and residentmasters shall be allowed the privileges referred to in sub- sections (1) to (5), reducedhowever proportionately to the period for which he was employed continuously in theprevious year or to the period for which he will be employed continuously in the currentyear, as the case may be; and all references to periods of holidays or of leave in sub-sections (1) and (2) shall be construed accordingly, fractions of less than one day being desregarded
__________________________________________________ _____________________
So it is saying 12 days leave with pay. Hence you cannot term it as CL and SL. you should term it as PL. for your company, giving only 12 days PL is mandatory as per the TN Shops and Establishment Act. Apart from that, there should be one weekly off and other holidays as per National Holidays and Festivals Act.
I hope I am able to clear your doubt.
From India, Mumbai
Hi
As per the judgment of the Madras High Court, except opening and closing hours of the office the entire Tamil Nadu Shops and Establishment Act applies to software companies in Tamil Nadu hence the leave system of your company should be in line with the Shops and Establishment Act you can red following excerpts
__________________________________________________ __________
CHAPTER VIHolidays with Wages
25.
Holidays and sick leave:
(1) Every person employed in any establishment shall be entitled, after twelve months¶ continuous service, to holidays with wages for a period of 12 days, in thesubsequent period of twelve months: provided that such holidays with wages may beaccumulated up to a maximum of twenty- four days.(2) Every person employed in any establishment shall also be entitledduring his first twelve months of continuous service after the commencement of this Act,and during every subsequent twelve months of such service, (a) to leave with wages for a period not exceeding twelve days, on the ground of any sickness incurred or accidentsustained by him and (b) to casual leave with wages for a period not exceeding twelvedays on any reasonable ground.(3) If a person entitled to any holidays under sub- section (1) isdischarged by his employer before he has been allowed the holidays, or if havingapplied for and been refused the holidays, he quits his employment before he has beenallowed the holidays, the employer shall pay him the amount payable under this act inrespect of the holidays.(4) If a person entitled to any leave under sub- section (2) is dischargedby his employer when he¶s sick of suffering from the result of an accident, the employer shall pay him the amount payable under this act in respect of the period of the leave towhich he was entitled at the time of his discharge, in addition to the amount, if anypayable to him under sub- section (3).(5) A person employed shall be deemed to have completed a period of twelve months¶ continuous service within the meaning of this section, notwithstandingany interruption in service during those twelve months brought about (i) by sickness,accident, or authorized leave not exceeding 90 days in the aggregate of all three. (ii) bya lockout (ii) by a strike which is not an illegal strike (iv) by intermittent periods of involuntary unemployment not exceeding thirty days in the aggregate and authorizedleave shall be deemed not to include any weekly holiday or half- day holiday under thisact which occurs at the beginning or end of an interruption brought about by the leave.(6) A person employed in a hostel attached to a school or college or in anestablishment maintained in a boarding school and lodging of pupils and residentmasters shall be allowed the privileges referred to in sub- sections (1) to (5), reducedhowever proportionately to the period for which he was employed continuously in theprevious year or to the period for which he will be employed continuously in the currentyear, as the case may be; and all references to periods of holidays or of leave in sub-sections (1) and (2) shall be construed accordingly, fractions of less than one day being desregarded
__________________________________________________ _____________________
So it is saying 12 days leave with pay. Hence you cannot term it as CL and SL. you should term it as PL. for your company, giving only 12 days PL is mandatory as per the TN Shops and Establishment Act. Apart from that, there should be one weekly off and other holidays as per National Holidays and Festivals Act.
I hope I am able to clear your doubt.
From India, Mumbai
As per the judgment of the Madras High Court, except opening and closing hours of the office the entire Tamil Nadu Shops and Establishment Act applies to software companies in Tamil Nadu hence the leave system of your company should be in line with the Shops and Establishment Act you can red following excerpts
__________________________________________________ __________
CHAPTER VIHolidays with Wages
25.
Holidays and sick leave:
(1) Every person employed in any establishment shall be entitled, after twelve months¶ continuous service, to holidays with wages for a period of 12 days, in thesubsequent period of twelve months: provided that such holidays with wages may beaccumulated up to a maximum of twenty- four days.(2) Every person employed in any establishment shall also be entitledduring his first twelve months of continuous service after the commencement of this Act,and during every subsequent twelve months of such service, (a) to leave with wages for a period not exceeding twelve days, on the ground of any sickness incurred or accidentsustained by him and (b) to casual leave with wages for a period not exceeding twelvedays on any reasonable ground.(3) If a person entitled to any holidays under sub- section (1) isdischarged by his employer before he has been allowed the holidays, or if havingapplied for and been refused the holidays, he quits his employment before he has beenallowed the holidays, the employer shall pay him the amount payable under this act inrespect of the holidays.(4) If a person entitled to any leave under sub- section (2) is dischargedby his employer when he¶s sick of suffering from the result of an accident, the employer shall pay him the amount payable under this act in respect of the period of the leave towhich he was entitled at the time of his discharge, in addition to the amount, if anypayable to him under sub- section (3).(5) A person employed shall be deemed to have completed a period of twelve months¶ continuous service within the meaning of this section, notwithstandingany interruption in service during those twelve months brought about (i) by sickness,accident, or authorized leave not exceeding 90 days in the aggregate of all three. (ii) bya lockout (ii) by a strike which is not an illegal strike (iv) by intermittent periods of involuntary unemployment not exceeding thirty days in the aggregate and authorizedleave shall be deemed not to include any weekly holiday or half- day holiday under thisact which occurs at the beginning or end of an interruption brought about by the leave.(6) A person employed in a hostel attached to a school or college or in anestablishment maintained in a boarding school and lodging of pupils and residentmasters shall be allowed the privileges referred to in sub- sections (1) to (5), reducedhowever proportionately to the period for which he was employed continuously in theprevious year or to the period for which he will be employed continuously in the currentyear, as the case may be; and all references to periods of holidays or of leave in sub-sections (1) and (2) shall be construed accordingly, fractions of less than one day being desregarded
__________________________________________________ _____________________
So it is saying 12 days leave with pay. Hence you cannot term it as CL and SL. you should term it as PL. for your company, giving only 12 days PL is mandatory as per the TN Shops and Establishment Act. Apart from that, there should be one weekly off and other holidays as per National Holidays and Festivals Act.
I hope I am able to clear your doubt.
From India, Mumbai
Hi,
Our Company H.O is in Kolkata & we have one branch in Maharashtra as well. Please let me know if we can follow the same Leave procedure which is applicable to West Bengal.
In Maharashtra we have 17 leaves. There is no bifurcation for PL, CL & SL. 17 days leaves can be used at any time through out the year. Other than this we provide 13 holidays.
We provide 6 PL during probation period of 6 months but it cannot be clubbed together. Employee has to use once in a month.
Please let me know if this is correct as per Maharashtra state.
From India, Pune
Our Company H.O is in Kolkata & we have one branch in Maharashtra as well. Please let me know if we can follow the same Leave procedure which is applicable to West Bengal.
In Maharashtra we have 17 leaves. There is no bifurcation for PL, CL & SL. 17 days leaves can be used at any time through out the year. Other than this we provide 13 holidays.
We provide 6 PL during probation period of 6 months but it cannot be clubbed together. Employee has to use once in a month.
Please let me know if this is correct as per Maharashtra state.
From India, Pune
Hi Abhilasha,
no, you have to follow respective state's shops and establishment
In Maharashtra you have to provide 21 PL
I will be thankful to you if you provide details on why you opted this kind of leave structure, your view, its pros and cons. This will make this thread discussion more meaningful
Govind
From India, Mumbai
no, you have to follow respective state's shops and establishment
In Maharashtra you have to provide 21 PL
I will be thankful to you if you provide details on why you opted this kind of leave structure, your view, its pros and cons. This will make this thread discussion more meaningful
Govind
From India, Mumbai
Hi Govind,
Thanks for the prompt response. Our company is small Pvt Ltd company with near about 300 employees all over India & 50+ at Maharashtra. We wanted to give a month off to the employees hence it we decided to give 13 holidays & 17 PL.
There is no CL/SL. Employees cannot en cash the PL. We carry forward only max of 5 leaves to the next year & rest gets lapsed. Our Leave cycle is from Jan to December.
Please help me out to understand if it is mandatory to give 21 leaves or we can adjust it with the holidays. Also as per your previous reply there is no compulsion for SL & CL in Maharashtra.
From India, Pune
Thanks for the prompt response. Our company is small Pvt Ltd company with near about 300 employees all over India & 50+ at Maharashtra. We wanted to give a month off to the employees hence it we decided to give 13 holidays & 17 PL.
There is no CL/SL. Employees cannot en cash the PL. We carry forward only max of 5 leaves to the next year & rest gets lapsed. Our Leave cycle is from Jan to December.
Please help me out to understand if it is mandatory to give 21 leaves or we can adjust it with the holidays. Also as per your previous reply there is no compulsion for SL & CL in Maharashtra.
From India, Pune
Sub : Regarding Gratuity & Composite Social Security Scheme
I worked in ONGC about 15 years. My resignation was accepted by the management w.e.f. 17-10-2005. My CPF outstanding they have already settle after 6 years. But till date they have not settle my gratuity & Composite Social Security Scheme perks. Pl. give me some suggestion.
Regards.
Harish B. Tote
From India, Surat
I worked in ONGC about 15 years. My resignation was accepted by the management w.e.f. 17-10-2005. My CPF outstanding they have already settle after 6 years. But till date they have not settle my gratuity & Composite Social Security Scheme perks. Pl. give me some suggestion.
Regards.
Harish B. Tote
From India, Surat
Subject - Re: Gratuity & CSSS Perks
Sub : Regarding Gratuity & Composite Social Security Scheme
I worked in ONGC about 15 years. My resignation was accepted by the management w.e.f. 17-10-2005. My CPF outstanding they have already settle after 6 years. But till date they have not settle my gratuity & Composite Social Security Scheme perks. Pl. give me some suggestion.
Regards.
Harish B. Tote
From India, Surat
Sub : Regarding Gratuity & Composite Social Security Scheme
I worked in ONGC about 15 years. My resignation was accepted by the management w.e.f. 17-10-2005. My CPF outstanding they have already settle after 6 years. But till date they have not settle my gratuity & Composite Social Security Scheme perks. Pl. give me some suggestion.
Regards.
Harish B. Tote
From India, Surat
Hi
In Maharashtra, SL and CL is not mandatory but you have to pay 1 PL for each 20 days worked so total minimum 21 PL in a year.
further, Leave encashment is mandatory. I suggest, better you bifurcate the leave gradewise into encashable and non encashable leave. If any employee complaint it to BMC (Municipal Corporation) that will be problem for the company (Normally it does not happen)
You cannot adjust PL to holiday. Since you already have 17 PL, I suggest increase it to 21 and reduce your holidays to 09. so you will have balance of the total holidays and leave.
Encourage your employee to take planned leave and to have proper work life balance in positive manner so you need not to pay lot of money for encashment and it will have positive impact too.
p.s.: The above mentioned rule is only for Maharashtra.
As per the section 11 of the West Bengal Shops and Establishment Act 1963, you need to provide 13 PL (full paid leave), 10 CL thats too full paid = total 23 paid leaves and 14 days half paid sick leave (on obtaining medical certificate) is mandatory so you need to plan it accordingly.
Read the excerpts
"11. Leave .- A person employed in a shop or an establishment shall be entitled--
(a) for every completed year of continuous service, to privilege leave on full pay for fourteen days,
(b) in every year, to sick leave on half pay for fourteen days on medical certificate obtained from a medical practitioner registered under the Bengal Medical Act, 1914 or any other law for the time being in force,
(c) in every year, to casual leave on full pay for ten days, and
"---------------------
I hope I have clear your doubt, if you need any further details, please feel free to write.
Govind
From India, Mumbai
In Maharashtra, SL and CL is not mandatory but you have to pay 1 PL for each 20 days worked so total minimum 21 PL in a year.
further, Leave encashment is mandatory. I suggest, better you bifurcate the leave gradewise into encashable and non encashable leave. If any employee complaint it to BMC (Municipal Corporation) that will be problem for the company (Normally it does not happen)
You cannot adjust PL to holiday. Since you already have 17 PL, I suggest increase it to 21 and reduce your holidays to 09. so you will have balance of the total holidays and leave.
Encourage your employee to take planned leave and to have proper work life balance in positive manner so you need not to pay lot of money for encashment and it will have positive impact too.
p.s.: The above mentioned rule is only for Maharashtra.
As per the section 11 of the West Bengal Shops and Establishment Act 1963, you need to provide 13 PL (full paid leave), 10 CL thats too full paid = total 23 paid leaves and 14 days half paid sick leave (on obtaining medical certificate) is mandatory so you need to plan it accordingly.
Read the excerpts
"11. Leave .- A person employed in a shop or an establishment shall be entitled--
(a) for every completed year of continuous service, to privilege leave on full pay for fourteen days,
(b) in every year, to sick leave on half pay for fourteen days on medical certificate obtained from a medical practitioner registered under the Bengal Medical Act, 1914 or any other law for the time being in force,
(c) in every year, to casual leave on full pay for ten days, and
"---------------------
I hope I have clear your doubt, if you need any further details, please feel free to write.
Govind
From India, Mumbai
Dear All,
I am working in a reputed Construction Industry since last December'11 and am entrusted to frame a Leave Policy for my Organisation.Our Earlier Policy was: CL-2Days & EL- 18 days on completion of 240 working days.
I have introduced SL-6Days & Trainee Leave-6 days .
Ealier our practice was that a person can avail all the CL & EL all at a time without any interval,whereas i have suggested that only two days CL at a strech and EL can't be clubbed with CL and has to be atleast a day interval in between.
Kindly suggest me the best possible option to frame out the Policy.
Regds
Rajib Kaushik
Guwahati
Assam,781008
From India, Delhi
I am working in a reputed Construction Industry since last December'11 and am entrusted to frame a Leave Policy for my Organisation.Our Earlier Policy was: CL-2Days & EL- 18 days on completion of 240 working days.
I have introduced SL-6Days & Trainee Leave-6 days .
Ealier our practice was that a person can avail all the CL & EL all at a time without any interval,whereas i have suggested that only two days CL at a strech and EL can't be clubbed with CL and has to be atleast a day interval in between.
Kindly suggest me the best possible option to frame out the Policy.
Regds
Rajib Kaushik
Guwahati
Assam,781008
From India, Delhi
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