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subbukrishna (Asst.Manager)     04 December 2013

Casual leave / sick leave

Dear Sir,

I have a query this is regarding Casual Leave / Sick Leave in a Pvt. Ltd Co under shop and establishment act of karnataka state govt.

"Is it the right of the employee to get casual leave /sick leave from the employer or is it the discreation of the employer to give an employee a casual leave / sick leave" My employer says it his discreation to provide casual leave for 10 / 12 days in a year. We as employees would like to know, can we demand casual leave / sick leave as our right or we need to bow before the pressure of the management?

Kindly guide us and if there are any suitable case laws to prove our right as employees of a pvt. ltd company would more justifying in our claim.

Regards

R.Subbukrishna

 

 



Learning

 5 Replies

Kumar Doab (FIN)     04 December 2013

 

You may go thru the statements and language of the statements in;

 

 

 

Karnataka Shop and Establishment Act:  

 

Sec15: Annual Leave with wages:

 

(Sick Leave)

 

Sub Section3: Every Employee shall also be entitled.................

 

Sub Section9:..........................leave shall be granted even if application for such leave is not made.....................

 

Casual leave is not stated in the Act.

But for other (annual) leave allowable under the Act as per

 

Sub section 8: leave application should be made 10 days in advance...............................

 

Sub Section 12: An applicable for leave in accordance with sub section 8 shall not be refused.........................

Unless the refusal is in accordance with Sub section 10 & 11.....................

 

Sub section 10 & 11 is about scheme of leave employer may make in consultation with employee’s representative........................................

 

Therefore employer before announcing arbitrary decisions should prepare a scheme in consultation with employees.

 

Employer can announce superior benefits compared to the enactments applicable to the establishment but can not announce inferior benefits.

 

If you are united approach trade unions and labor officials and Inspector under Karnataka Shop and Establishment Act:  

...............

 

 


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1 Like

Sudhir Kumar, Advocate (Advocate)     08 December 2013

well elaborated by Mr Kumar Doab

Sudhir Kumar, Advocate (Advocate)     08 December 2013

well elaborated by Mr Kumar Doab

Shivanya   27 June 2017

It depends on the company rules. Every company should maintain some rules for leaves. According to the rushessay.com review , most of the companies nearly given 12 sick leaves to the employer. there is no deduction in salary and the employer should submit some documents.

Kumar Doab (FIN)     27 June 2017

The establishmnt can provide superior benefits than the applicable enactments but not inferior.


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