Thursday, August 27, 2009

minimum leave entitled under West Bengal Shops and Establishments Act, 1963

Your employer company appears to be a commercial establishment within the meaning of The West Bengal Shops and Establishments Act, 1963, and as such the provisions of that Act will apply. Section 11 of the Act provides that a person employed in an establishment shall be entitled to privilege leave on full pay for 14 days for every completed year of continuous service, and in every year will be entitled to sick leave on half pay for 14 days on medical certificate obtained from a medical practitioner registered under the Bengal Medical Act, 1914, or any other law for the time being in force. He will also be entitled to casual leave on full pay for 10 days every year. A woman employed in an establishment will be entitled to maternity leave in accordance with Rules 22 to 26 of the West Bengal Shops and Establishments Rules, 1964, which are quite detailed. Privilege leave and sick leave may be accumulated up to a maximum of 28 days and 56 days respectively. Casual leave cannot be accumulated. In so far as encashment of leaves are concerned there does not appear to be any specific law. However, Section 12 of the said Act provides that an employee of an establishment whose service is terminated by or under the order of the employer shall be entitled to wages for the period of privilege leave due to his credit at the time of such termination. Please note that this section applies only if the termination is at the instance of the employer and not in the case of resignation, voluntary retirement or in general, termination at the instance of the employee. Generally, as regards encashment of leave that may be accumulated, that is, privilege leave and sick leave, establishments have their own policies which are generally formulated in consultation with the employees’ representatives. Please note that Rules 14, 15 and 16 of the said 1964 rules provide for the manners in which the privilege leave, casual leave and sick leave may be obtained and Rule 19 prescribes the manner in which extension of leave may be obtained.


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