Hi



I have a query, since I am newly writing a post, am not sure whether the forum is correct por not, if not, please guide me on how to access the write forum for what I am writing below:

1. I am working in an auto industry , and am based out of HO which has design engineers, fin, hr, IT staff in it. The total strength of which is 100.I would like to know if office is governed by separate labour law. Would it be shops and establishment act?



2. How many days should one claim for PL, meaning, can any one apply for 2 days PL, or does it have to be min 3 days( as is the practice here...though I don't know why).

3. How many times in a year can an employee ask for PL?

4. It is mentioned that leave can't be claimed as a matter or right, is it true for earned PL? Is it true for Office staff as well? Which law states this?



5. As per Factories act, we need to give 1 days for every 20 days worked by an employee,

a) is this subject to a min of 240 days working in a yearonly? If a person has worked for lesser number of days than 240 ( lets say he was on leave without pay for 3 months on account of some personal prob) would he still be given 1 day for every 20 days worked?

b) My organization gives 30 days Pl at the rate of 2.5 per month , some organizations give 18, some give 22....is there a rule that can guide better?

c) any rule for CL/SL limit?



Please do help me out with the answers to this..

Regards

Anusuya




11th February 2009
DearSatyapathi,
You have not mentioned the name of the Act under which your unit is covered i.e. Factories Act,1948 Or Shops & Commercial Establishments Act. National & Festival as well as Casual & Sick Leave Act and The Maternity Benefit Act, 1961 may also be applicable. The Shops Act & the NFH Act are the state enactments while the F. Act & The Maternity Benefit Act are the Central Acts. In all these Acts provisions for different types of leaves are laid down there. Your queries are very lenghy.You must go through these Acts for applicability of different Acts and for the extend and the nature of leaves.
R.N.Khola
9810405361
Skylark Associates(Gurgaon)
21st February 2009 From India , Delhi
Hi Anusuya
U seems bit confused abt number of labour laws applicable. In short I may say
1. If your office is within factory area, then it will be governed by Factories Act only.
2. Leave Rule is specific to your organisation. Only the minimum no of leave is prescribed in law.
3.Availing leave is also organisation specific. Limits are specified like no. of days and no. of occassions are put to take care of business requirements.
4.Regarding 240 days, authorised leave periods are counted for calculating 240 days.
5. Regarding CL/SL there is no statutory provision .Moreover, CL is not a leave it is a permission to absent from duty for meeting exigencies.
6. Lastly availing Leave is not a matter of right, it is subject to approval.
The leave rules are mostly derived from Govt rules( You may refer to FR/SR) in this regard.
Regards
Raghunath
22nd February 2009 From India , Bhubaneswar
We are an Software development company with 20 People. Currently we dont have policy and we would like to streamline the leave process by introducing a leave policy. Can someone help me with a policy document suitable for small organisation.
Kaleem
24th March 2009 From India , Madras
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