Query Regarding Company Leave Policy and Working Hours Query Regarding Company Leave Policy and Working Hours

4 months ago

Hello everyone,

I hope this message finds you well. I am seeking some advice regarding my company's leave policy and working hours. Our company, based in Gujarat, provides a total of 10 paid leaves per year, which include casual leaves, sick leaves, and earned leaves. However, these leaves carry forward to the next month but are void at the end of the year if unused. Additionally, we are granted 10 festival leaves annually, but two Sundays are included in this count. I am unsure whether the 24-hour week off should be distinct from the festival holidays.

Moreover, we did not observe a holiday on 2nd October, which is generally considered a compulsory national holiday. According to my understanding, in Gujarat, we should be entitled to one earned leave for every 20 days of work, and the weekly working hours should be 42 hours, but we are currently working for 43:30 hours per week.

Lastly, our company shared the policy via email on 5th January 2023. Is it not customary for companies to communicate such policies before the start of the year?

I would appreciate any insights or guidance on these matters. Thank you in advance for your assistance.

Anik

Responded 4 months ago

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A.Dear Client,
Leave policies can vary based on private establishments and state regulations. Generally, employees are entitled to Earned Leave (1 day for every 20 days worked), Mandatory Leaves on National Holidays, and an average of 7 days of casual leave annually. Sick leave provisions differ, with 15 days under the Apprentices Act, 30 days for journalists, and 26 weeks for maternity leave as per the Maternity Benefit (Amendment) Act, 2017. Specifics may vary under state-specific acts, such as the Shops and Commercial Establishments Act. For detailed information and clarification, individuals can contact the Inspector's office under the relevant labor regulations.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 4 months ago

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A.Dear Client,
Leave policies may vary depending upon the nature of private establishments and the state, but this can be summed up that are uniformly applicable across the country. Earned Leave(EL): 1 day leave for every 20 completed days worked, Mandatory Leaves i.e, National Holidays, 26th January on account of Republic Day, 15th August on account of Independence Day and 2nd October on account of Gandhi Jayanti. An average of 7 days of casual leave a year. Sick Leave - 15 days of sick leave is provided under the Apprentices Act, 1961, At least 1/18th of the period worked under the Sales Promotion Employees (Conditions of Service) Act, 1976, 30 days of sick leave for 18 months of service under Working Journalist and Other News Paper Employee’s (Conditions of Service) and Miscellaneous Provisions Act, 1955. The Maternity Benefit (Amendment) Act,2017 has increased the duration of paid maternity leave available for women employees to 26 weeks (from the earlier period of 12 weeks). Apart from this different states in India have individually adopted the Shops and Commercial Establishments Act. For more information and clarification on the subject you may visit the office of the Inspector, Shops and Establishments, Inspector, under the Factories Act, the office of the State or Central Labour Commissioner.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 4 months ago

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A.Dear Sir,
You may contact the following authority of the State where your company is registered and get full details.

Please approach the following authority or similar authority in a state


The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
[email protected]
Addresses of Labor Inspectors in Bengaluru in different locations
https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en
https://clc.gov.in/clc/regional-offices/bangalore#:~:text=1.&text=Shram%20Sadan%2C%203rd%20Main%2C%203rd,Yeswanthpur%2C%20Bangalore%2D560022..

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