Hi,
I work as an HR for a CA company and I have to prepare the leave document, which I have prepared as per the Indian Labour Law and UP Shops and Establishments Act. Now my main question is that in the UP S&E Act it says that there are 15 sick leave, but can I give 12 sick leaves in a year?
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As the rule says" Every employee; who has been in continuous employment of the same
employer for a period of six months or over shall, subject to such conditions
as may be prescribed, be further entitled to sickness leave for not less than
fifteen days in anyone calendar year", you can not make it 12. This can be considered as non-compliance. Recommend to consult a labour lawyer before taking any such step
Compliance wiki: Employment Laws and HR Compliances for Uttar Pradesh
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Please suggest, can SL/CL be more than 08 days per calendar year…
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As per my limited understanding no labour legislation limits the rights of the employee to avail leave in a year by a fixed number. If the organaization wanted to manage the production and work-life balance, separate rules shall be made and make it part of conduct and discipline /appropriate rules
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Hi Abhinav,
The state specific Shops and Establishments Act, prescribes the minimal quantum of leaves that should be provided to the employees.
Section 10 of UP Shops Act prescribes as follows (for earned leave, sick leave and casual leave):
(1) Every employee, who has been in continuous employment of the Same employer for a period of twelve months or over, shall, in addition to any holiday allowed under section 9, be entitled to earned leave for not less than fifteen days for every twelve months of such service:
Provided that a watchman or a caretaker who has been in continuous employment for a period of twelve months or over shall be, entitled to not less than sixty days earned leave for every twelve months of such service.
(2) Every employee; who has been in continuous employment of the same employer for a period of six months or over shall, subject to such conditions as may be prescribed, be further entitled to sickness leave for not less than fifteen days in anyone calendar year.
(3) Every employee shall, subject to such conditions as may be prescribed, be also entitled, in addition to earned leave and sickness leave, to casual leave for not less than ten days in anyone calendar year.
(4) Subject to the provisions of the rules made under this Act, all leave shall be granted when applied for.
Organizations have to by the state specific legislations as applicable failing which may attract punishments on the grounds non-compliance and lead to criminal prosecution.
Regards,
Bhuvana Anand
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Hi Barekar,
The state specific Shops and Establishments Act and corresponding rules prescribes the minimum threshold of leaves and holidays that are to be provided to the employees. Employer have to refer to each state prescribed number of EL, SL and CL that are applicable.
If the organization prefers to provide better benefits, increased quantum of leaves, it may do so.
You may refer to and bookmark this Shops and Establishments Act reckoner for easy reference.
Regards,
Bhuvana Anand
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Is there any rule in UP for the national holidays too ? Like how many we should give in a year to the employees
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Yes, Neha.
You can refer here to the UP Holidays List of 2024.
Three national holidays are mandatory i.e. 26 Jan (Republic Day), 15 Aug (Independence Day), Oct 2 (Gandhi Jayanti). Other than these, the respective States prescribe the minimum number of national holidays that are mandatory, as per the National Festivals and Holidays Act/ Rules. for e.g. 01 May (Labour day), In Karnataka 01 Nov (Rajyotsava).
Regards,
Bhuvana Anand
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