Employee leaves
Ruhi
(Querist) 27 June 2013
This query is : Resolved
For Managerial Staff in a Private Company
Is Privilege leave a statutory requirement? How many days is mandatory? Is it different for each state in India? Which law should I refer?
I was told that even Company's law makes a reference to Employee Leaves, besides Shops & Establishment Act.
Kumar Doab
(Expert) 29 July 2013
--------If it is a Small Enterprise then leave policy should be as per
The Small Enterprises( Employment Relations) Act 2002:
Under chapter IV - conditions of work , clause no 11 point 4:
A worker shall be permitted to accumulate leave upto 45 days in addition to the leave entitlement of the current year earned on the basis of the work done by him in the previous year and he shall be entitled to encashment of entire accumulted earned leave including leave earned during the current year pro rata in case his services are terminated or he quits the service
------If the establishment is registered under Shops and establishments of the state then;
(Name of the state) Shops and Establishments Act provides for provisions of leave for the employees. This Act is framed by each State on its own and therefore may be different in its provisions in each state.
You may refer to the Act as applicable in your state. It should be available on the Dept. of Labor website of your state.
------If Industrial Employment Standing Orders Act is applicable and standing orders are extended to the designation of the employee the leave policy shall be guided by the Standing Orders applicable to the establishment.
-----The leave policy can also be as per the bilateral agreement between the employees and the employer.
The leave policy may differ from organization to organization offering better/superior/negotiated benefits…………………..
The policy should not be inferior to the provisions to the enactments applicable to the establishment.
