Hello all, I want to know which law covers leaves (CL, PL, SL) and their encashment. PL is covered under the factories act. But what about the CL and SL?
From India, Gandhinagar
1From India, Gandhinagar
Sub- CL/SL in companies
If your establishment is a factory, You have to provide for annual leave under sec.79 which can be availed on sickness grounds. However, the ESI Act 1948 which covers factories, permits an employee to remain absent from duty for treatment of sickness or disablement during which he is entitled to wages to be calaculated in the manner prescribed under ESI Act.
As regards CL, it is provided for under the model standing orders of each state. A factory employing 100 or more workmen is also covered by the Industrial Employment(Standing Orders) Act 1946. In that event, therefore you have to provide for CL as per model standing orders of your state since a factory is also covered by the Industrial Employment(Standing Orders) Act 1946.
If your establishment is a commercial establishment, you need to provide for leave as admissible under the Shops and Establishments Act of your State. The Shops Acts of some States provide for casual and sick leave also in which case, you need to provide for them while others like the Bombay Shops and Establishments Act provide for only one kind of leave (earned leave) which can be availed on sickness grounds. However in some states like Maharastra, the shops and commercial establishments are also covered by the Industrial Employment (Standing Orders) Act. In that event, you need to provide CL also as per the model standing orders.
if your commercial establishment is also covered under ESI by governemnt notification, the employee is also eligible for sickness benefits available under ESI Act. For example, Shops and commercial establishments are covered under ESI by government notification in the state of Maharstra. Please verify the status with regard to your state.
Hope this clarify your date on the manadatory nature of CL/SL
If your establishment is covered under Sales Promotion Employees Act 1976, you need to provide CLand SL as prescribed under the said Act to sales promotion employees.
Hope this will clarify the mandatory nature of CL/SL
From India, Madras
If your establishment is a factory, You have to provide for annual leave under sec.79 which can be availed on sickness grounds. However, the ESI Act 1948 which covers factories, permits an employee to remain absent from duty for treatment of sickness or disablement during which he is entitled to wages to be calaculated in the manner prescribed under ESI Act.
As regards CL, it is provided for under the model standing orders of each state. A factory employing 100 or more workmen is also covered by the Industrial Employment(Standing Orders) Act 1946. In that event, therefore you have to provide for CL as per model standing orders of your state since a factory is also covered by the Industrial Employment(Standing Orders) Act 1946.
If your establishment is a commercial establishment, you need to provide for leave as admissible under the Shops and Establishments Act of your State. The Shops Acts of some States provide for casual and sick leave also in which case, you need to provide for them while others like the Bombay Shops and Establishments Act provide for only one kind of leave (earned leave) which can be availed on sickness grounds. However in some states like Maharastra, the shops and commercial establishments are also covered by the Industrial Employment (Standing Orders) Act. In that event, you need to provide CL also as per the model standing orders.
if your commercial establishment is also covered under ESI by governemnt notification, the employee is also eligible for sickness benefits available under ESI Act. For example, Shops and commercial establishments are covered under ESI by government notification in the state of Maharstra. Please verify the status with regard to your state.
Hope this clarify your date on the manadatory nature of CL/SL
If your establishment is covered under Sales Promotion Employees Act 1976, you need to provide CLand SL as prescribed under the said Act to sales promotion employees.
Hope this will clarify the mandatory nature of CL/SL
From India, Madras
Thanks a lot. My organization is has its factory located in Pune and our corporate office is in Mumbai. So, Factories Act is applicable and Standing orders would be applicable.
From India, Gandhinagar
From India, Gandhinagar
Respected hr concerning legends,
may i know that male person was doing his job in pharmacueticals company and his
wife doing as franchiser person. Is there was any rule / act applicable to this wife & husband which legal law applicable to this wife & husband please give me suggestion to me sir as soon as possible .( c.srinivas)
From India, Hyderabad
may i know that male person was doing his job in pharmacueticals company and his
wife doing as franchiser person. Is there was any rule / act applicable to this wife & husband which legal law applicable to this wife & husband please give me suggestion to me sir as soon as possible .( c.srinivas)
From India, Hyderabad
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