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Dear Seniors,
Hi, This is Smita here. I am working in a Steel manufacturing company. I have a doubt in the Leave circular in the Company. As per the circular there is 15 EL and 7 SL. El is available after completion of 1 Yr. and SL is not applicable for ESI covered employees. so people those are joining recently are not applicable to any Leave. ( at least for 1 yr.) as they have not got their ESI card so thay are not getting the benefit under ESI too. Plz help me out how I wll handel this problem.
Warm Regards
Smita

From India, Guwahati
where all seniors has gone. No body is there t help me out. Plz help me !!!:confused::confused::confused::confused:
From India, Guwahati
Hi Smitha,
I had worked with a manufacturing company's corporate office, and to my knowledge, if I am not wrong,any manufacturing company should have the minimum of following leaves
1. 8 Sick leaves
2. 8 casual leaves
3. 15 earned leaves.
If i am wrong please do correct.

From India, Hyderabad
dear
in manufacuring concern,factories act is being followed and as per factories act
EL are calculated as one day leave for twenty days working.regarding cl and sl these provisions are given in standing orders ,you check your standing orders what provision is given for SL/CL. generally company gives 7CL and 7 SL.
tks
j s malik

From India, Delhi
thank you mr. Malik, I want to know about SL and the applicability of SL of ESI covered employees. and if any body has not received ESI card, then what about the leave???? Smita Rath
From India, Guwahati
There are two kinds of employees engaged in any industrial establishment...

1st are workmen who are engaged in operation and maintenance in manufacturing and some manual or clerical employees.

2nd Supervisory and Managerial employees who are out side purview of relevent Factories Act limit depending on their salay and wages as per the limit fixed in corrosponding Payment of Wages Act who draw some wage limit etc....
Further there is seperate provision, if I recollect correctly for exempted employees engaged in supervisory and above positions....which is not regulated by the Factories Act. Therefore sick leave can be applied.

Employees in supervisory and managerial positions are eligible for Privileage Leave or Earned Leave and Sick Leave etc.. which also been mention in standing orders. Here,while refering Standing orders for extra leaves other than mentioned in Factories Act leaves for workmen other than Earned Leave if mentioned in Standing Orders then that is negotiated before certification because Standing orders are certified with the consent and agreement of Trade Unions.

But for workers if there is no mention of sick leaves or casual leaves etc in Certified Standign Orders then these leaves must have been negotiated as part of agreements as workman are comes under bargainable catagory such leaves are being implimented as part of agreement or settlement.
Although earned leave is regulated as per Factories Act for workmen engaged in factories.

Yo must seperate both class of employee..while taking into consideration the leave...

Sofar as ESIC is concern ESIC card takes maximum 7 days for issuing from the date of submisson of Form 3..OK

Badlu

From Saudi Arabia
Hell Seniors, My question is should each and every company follow de leave policy? Is there any rules that Company should have the leave policy Cheers, Ganesh Pai
From India, Hyderabad
Hi Ganesh,

If you stick to the Labour Laws then its minimum prescribed standards as per International labour Organization conventions and Member Government's acceptance to follow those norms in consultations with the Federations of Trade Unions. Generally they reinforced through either incorporating or amendments in labour laws.

Labour laws are benchmark with most global practices and ILO convensions which is minimum mandated by law to be enforced to regulate condition of employment in the ILO member countries..

If employer as matter of good HR practices based on some scientific studies implement more than prescribed standards norms for leaves, rest, shifts, intervals etc then its called progressive and forward looking practices.

Generally these practices are promoted by the companies from the western countries.
For example In India labour laws prescribe weekly 48 hours working which is ILO norm for minimum standard but western countries follow 40 hours week because that's suites their work culture.

Similarly other kind of leaves they have their presctibed Labour standards.
If your company desires to adopt such global practices, no law will be violated. Companies adopt leave policies based tow facts...
1st is leaves recommended by laws as applicable...Shops & Est Act, Factories Act etc..
2nd driven by the market practices to rattract, reward and retain employees companies adopt industry standards.

For example Shops and Establishment Acts have mentioned many kinds of leaves provisions but same definitions may not be found in Factories Act because mandated by law is minimum requirement.

Further I would like to add here that in Public Sector Companies or Government Employments service conditions and Leave provisions are regulated by various notifications by Minsitry and Department of Personnel as well as Department of public enterprise etc..from time to time.

Badlu

From Saudi Arabia
Hi ..............
Basically there are three types of leave in manufacturing unit. Ist is PL it means priviliged leave or earned leave. 2nd is SL it means Sick Leave. 3rd is CL causal leave.
1st PL :- Suppose a person join ur company PL is applicable after completion of One year if he will work 240 days in that accounting period. Suppoue a person worked 240 day in a accounting period then every twenty days employee will earn one day leave as per factory act 1948 u/s 79 annual leave with wages.
2nd and 3rd totally depend on company policy. Generally 7 Day in a year both.


hi,
sl is nothing to do with ESI coverage.
plz go through standing orders of your company & if not availabale consider the provision of model standing order in congruence with factories act.
this is you who will convince the management regarding all this, but go through past & present philosophy of your mangement and mood only & only take any step.
regards
vinod

From India, Pune
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