Leave Rules

[ashok sahoo]

Dear Friends,

 

Can anybody clarify me on the following queries:

 

Is there any leave rules( Sick Leave, Causual Leave & Earned Leave) applicable to the Company situated in Karnataka,  notified by Government of Karnataka or Government of India ?

 

Or it's purely depend upon the Management?

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With Regards,

CS Ashok
Bangalore.

[ravi p]

Dear Ashok

 

For Commercial establishments including the company,- provisions of The Karnataka Shops and Commercial Establishments Act 1961 & Rules 1963 are applicable. 

 

As per section 15(1) of said Act, employee is entitled to leave with wages @ one day for every 20 days worked (Which is called as Previlege Leave or Earned Leave or Annual leave).Similarly Section 15(3) stipulates that empoyee is entitled  to leave with wages for a period not exceeding 12 days on the ground of sickness(Sick Leave). 

 

There is no provision to carry forward the sick leave.  HOwever there is a provision U/S 15(7)  to carryforward the Annual Leave not exceeding 30 days.  Pleave note that KSCE Act doesn't recognise the casual leave.  

 

The leaves mentioned in KSCE Act are the minimum leaves to be granted.  However, an establishment  has the liberty to  grant more leave over and above stipulated in the KSCE Act.  I have observed that,  some companies  allows casual leave to its employees.  If this leave is over and above the 12 sick leaves, there will not be any issues from labour department, otherwise for casual leave also you have to use the nomenclature "Sick Leave" 

 

If yours is a Factory, then Factories Act is applicable which is same as KSCE Act as far as laws regarding leave is concerned

 

Regards

 

Ravi P

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From: ashok sahoo <ashok...@gmail.com>
To: csmy...@googlegroups.com
Sent: Wed, 3 March, 2010 5:00:48 PM
Subject: [CSMysore] Leave Rules

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[ashok sahoo]

Dear Ravi,

 

Thank you for your reply.
Can the Causual Leave  be taken in advance, means suppose one employee wants to take leave on May 2010 for 5 days, and he has CL balance of 6 days, can those CL will be adjusted against the leave supposed to be taken on May or it depends upon management.
 

[n garg]

This all is depend  on the management whether he supports you or not. In real sense you can avail upto the balance leave only. Any leave suppose to become due in the next month cannot be taken in advance. Means the leave for the month of june cannot be taken in may.This is a basic principal of the leave.

[ravi p]

Yes.  Management can allow taking the leave in advance to offset the same subsequently

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From: ashok sahoo <ashok...@gmail.com>
To: csmy...@googlegroups.com

Sent: Thu, 4 March, 2010 10:13:45 AM
Subject: Re: [CSMysore] Leave Rules

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[CS.Alagar]

Except statutory holidays as prescribed in the local establishment act, sick leave, earned leave,  carry forward, etc are decision of the management.

Thanks & Regards
Alagar
Team Genicon
Mobile: 91-9003199947
ala...@geniconsolutions.com
www.geniconsolutions.com

[ashok sahoo]

Can the management deny to avail?

[ravi p]

Legally speaking -  employees can avail the leave what they are eligible/entitled under respective sections i.e. Section 15(1) & 15(3).  These sections are silent on availing leave in advance. Therefore employees cannot demand the leave in advance.  However they can request the management and management can allow the same.

 

 

 

 

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From: ashok sahoo <ashok...@gmail.com>
To: csmy...@googlegroups.com

Sent: Thu, 4 March, 2010 10:34:59 AM

[vidya g]

Dear Friends,

 

Can anybody clarify me on the following queries:

 

Is there any leave rules Earned Leave applicable to the Banking Company situated in Karnataka,  notified by Government of Karnataka or Government of India ?

 What is the Maximum limit to take the Earned leave?

Or it's purely depend upon the Management?

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With Regards,

Vidya G