Hai as per the factory act for the festival/National holiday should be given to the staff,worker.wheather he takes leave as per this question. Rgds Hari
From India, Madras
From India, Madras
Re: - Continuous leave Simran According to factory act 1948 the National festival or even sunday falls in the period of earned leave will not be counted as leave. Regards, Meetu Sharma
From India, Shimla
From India, Shimla
Hi In between of continous leaves. if there is a holidays there are not considered as a leave and need not to deducted from casual leaves or paid leave
From India, Hyderabad
From India, Hyderabad
Dear Simran,
If your establisment is covered under the National and Festival Holidays Act of your respective state then the following guidelines are applicable.
There are two categories of Holidays. National Holidays and Festival Holidays.
National Holidays (26th January, 01st May, 15th August and 02nd October). For these days there is no qualifying period for granting leave on those days. In other words if any employee absents himself or applies leave then this should not be treated as leave (no leave deductions from his leave account) and he will entitled for wages on that day of absence or leave. It is immaterial whether it is Casual leave or Earned leave. Even if the employee does not any leave to his credit and he is not present on any of the National Holidays then he is entitled for wages.
In case of a Festival Holiday he must have worked for atleast 30 days in the preceeding 90 days prior to the holiday for becoming eligible for granting leave.
But please note that each establishment is required to submit to the inspector every year in December the list of 4 National Holidays mentioned above and 5 festival holidays after consulting with the union if present. The concerned inspector will approve the list and this has to be displayed on the company's notice board.
In the event any of the above 9 holidays (4 NH & 5 FH) falls on a Sunday which is their weekly off then the employee has to be given a substituted holiday or has to be paid wages for the day. As per act the monthly wages/ salary paid is computed considering 26 days with Sundays as weekly off (no wages).
Trust the matter is clear.
Regards
M.V.KANNAN
From India, Madras
257If your establisment is covered under the National and Festival Holidays Act of your respective state then the following guidelines are applicable.
There are two categories of Holidays. National Holidays and Festival Holidays.
National Holidays (26th January, 01st May, 15th August and 02nd October). For these days there is no qualifying period for granting leave on those days. In other words if any employee absents himself or applies leave then this should not be treated as leave (no leave deductions from his leave account) and he will entitled for wages on that day of absence or leave. It is immaterial whether it is Casual leave or Earned leave. Even if the employee does not any leave to his credit and he is not present on any of the National Holidays then he is entitled for wages.
In case of a Festival Holiday he must have worked for atleast 30 days in the preceeding 90 days prior to the holiday for becoming eligible for granting leave.
But please note that each establishment is required to submit to the inspector every year in December the list of 4 National Holidays mentioned above and 5 festival holidays after consulting with the union if present. The concerned inspector will approve the list and this has to be displayed on the company's notice board.
In the event any of the above 9 holidays (4 NH & 5 FH) falls on a Sunday which is their weekly off then the employee has to be given a substituted holiday or has to be paid wages for the day. As per act the monthly wages/ salary paid is computed considering 26 days with Sundays as weekly off (no wages).
Trust the matter is clear.
Regards
M.V.KANNAN
From India, Madras
Dear Simaran,
It defers from organisation to organisation depending upon the HR policies. There are concept of Earned Leaves, Casual Lewaves and SickLeaves. For Sickleaves interveing holidays or closed days are counted in the leaves, where as in Earned leaves or Casual Leaves interveing holidays or closed days are not included in the leaves.
Regards.
HC Nagar
From India, New Delhi
It defers from organisation to organisation depending upon the HR policies. There are concept of Earned Leaves, Casual Lewaves and SickLeaves. For Sickleaves interveing holidays or closed days are counted in the leaves, where as in Earned leaves or Casual Leaves interveing holidays or closed days are not included in the leaves.
Regards.
HC Nagar
From India, New Delhi
It is surprising that this debate is still raging on . One question on leave, and no consensus among members !! Does it not reflect the state of HR in our country? No better example of "India is a land of diversity", perhaps ??
I find that some members have given "correct" replies, which have not been taken note off. Full marks to members tajsateesh, nishakanodia, sumitk.saxena, phaiboon, Meetu Sharma, pratap_drf, nagarhc among others.
It is correct that the way of calculation of leaves differs from organization to organization; the best and the good ones giving the benefit to employees; whereas the shylockian organizations keep on making rules that deny the employees clubbing national/closed holidays or using it as suffix and prefix.
What kind of policies an organization has, defines what kind of organization it is. It is for the HRs to propose good leave policy to the management, rather than trying to find out whether certain dubious practices are also being followed in other organizations or not. I hope some members come out with a "fair" policy on leave.
Warm regards.
From India, Delhi
I find that some members have given "correct" replies, which have not been taken note off. Full marks to members tajsateesh, nishakanodia, sumitk.saxena, phaiboon, Meetu Sharma, pratap_drf, nagarhc among others.
It is correct that the way of calculation of leaves differs from organization to organization; the best and the good ones giving the benefit to employees; whereas the shylockian organizations keep on making rules that deny the employees clubbing national/closed holidays or using it as suffix and prefix.
What kind of policies an organization has, defines what kind of organization it is. It is for the HRs to propose good leave policy to the management, rather than trying to find out whether certain dubious practices are also being followed in other organizations or not. I hope some members come out with a "fair" policy on leave.
Warm regards.
From India, Delhi
may be the leave comes continuously for him, for national festival holidays, you should not be deduct wage, you have to pay all national festival holidays, its a rule
From India, Bangalore
From India, Bangalore
Hi All,
It depends on company's internal policies
Any act doesnt say to cut the salary pre & Suf of leaves to the holidays.
As the employees are taking advantage of using these holidays and stretching for long days. Usually company practice this type of leave as the absent ism should not increase and production should not effect.
Kindly mention which type firm is yours because usually BPO and IT related companies have some exemption
So act how ur internal guide line reflects
Regards
Jagadish V
9666026279
santoshvegi
From India, Visakhapatnam
It depends on company's internal policies
Any act doesnt say to cut the salary pre & Suf of leaves to the holidays.
As the employees are taking advantage of using these holidays and stretching for long days. Usually company practice this type of leave as the absent ism should not increase and production should not effect.
Kindly mention which type firm is yours because usually BPO and IT related companies have some exemption
So act how ur internal guide line reflects
Regards
Jagadish V
9666026279
santoshvegi
From India, Visakhapatnam
Hi,
It dependes on what policy regarding continuous leave a corporate is following. It may vary from one company to another.
It is always advisable to give benefit to employee but also a limit should be drawn so as to restrain taking disadvantage of policy.
I agree with the view expressed by Raj Kumar Hansdah.
Courtesy,
UK
From India, Chakan
It dependes on what policy regarding continuous leave a corporate is following. It may vary from one company to another.
It is always advisable to give benefit to employee but also a limit should be drawn so as to restrain taking disadvantage of policy.
I agree with the view expressed by Raj Kumar Hansdah.
Courtesy,
UK
From India, Chakan
hiii,
suppose the 1st day of any month is start with sunday, & a X employee absent on monday, my que is, sunday add on his wages or will add as a leave day, but the condition is the last day of the previous month which means staurday he was present, but if we already paid the salary of that month, than how we can manage that day (Sunday)??????????
From India, Delhi
suppose the 1st day of any month is start with sunday, & a X employee absent on monday, my que is, sunday add on his wages or will add as a leave day, but the condition is the last day of the previous month which means staurday he was present, but if we already paid the salary of that month, than how we can manage that day (Sunday)??????????
From India, Delhi
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Karnataka Leave.xlsx
LEAVE APPLICATION.doc