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CA Nikhil Gupta (Sr. Exe (F & A))     12 July 2012

Labour law

Dear Sirs,


I am working in a manufacturing concern with six working days & my compnay follows policy of giving 1 casual leave(i.e. paid leave) per month which increases to 2 casual leave (i.e. paid leave) per month after completion of 1 year. No sick leave is provided by company.

Moreover they follow a policy of deduction of salary of sunday if an employee had not came for 4 days in a week. i.e. if I had came not came from tuesday to friday but came on saturday & subsequent monday then they deduct salary of 5 days including sunday.

kindly advise on below issue with reference to labour law or any other law prevaling in India as we are suffering a lot due to these policies.

Thanking you,

CA Nikhil gupta



 1 Replies

Kumar Doab (FIN)     12 July 2012

Look Into HR manual of your company. Intervening holiday may be counted in leave as per company policy.

--As per the provisions of Factories Act, 1948, any worker covered under the Act who has worked for at least 240 days in a calendar year becomes eligible for earned leave which he can enjoy in the subsequent year.

- In case of an adult, he/she becomes eligible for a day leave for every 20 days worked in previous year.

Sec.79. Annual leave with wages. Sub Sec (1) Explanation2:

The leave is exclusive of holidays that occur during or at either end of the leave period.

 

--You may look into The Shops And Establishments Act applicable to your state if your establishment falls under it.

--You may look into Standing orders of the company and its direction on leave admissible to you.The standing orders are to be circulated and to be placed within the knowlege of employee and to be displayed at the gate/entry.If you do not find these you may obtain from concerned HR personnel or appointing authority.

--You may go thru:

SMALL ENTERPRISES (EMPLOYMENT RELATIONS) ACT
(As recommended by the Second National Commission for Labour)

 

CHAPTER IV

CONDITIONS OF WORK

Annual Leave & Holidays

Employer shall have to remain within ambit of applicable laws.

--Minimum Wages Act:

(c) any leave or holiday, with or without pay, granted by the employer to an employee in the period of six days immediately preceding the rest day},
shall be deemed to be days on which the employee has worked.

For all queries first you may seek clarification from HR in writing.In case of violation of applicable laws employee can approach authority as explained in enactments.

 

 


 

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