Query regarding Sickness Leaves
Ashwani
(Querist) 02 January 2009
This query is : Resolved
Dear Sir/Madam,
One of my friends is working with a software MNC in India. Recently his company has made a policy stating that there will be "no Sick leaves" now onwards.
Is it legitimate according to indian labour laws? If no, then what can be done against such a sudden abandonment of the sick leaves by the company.
Regards,
Ashwani
Guest
(Expert) 03 January 2009
you haven't told that your frined is a workman or officer. If he is a workman, Industrial Disputes Act is applicable, where in Section9-A it is prescribed advance notice has to be given to the workmen about change of service conditions, which include abolishing sick leave. If he is in officer category, the service conditions agreed by both the parties, i.e., management and your friend (generally mentioned in the appointment letter or service book) would come into operation and if there is a stipulation regarding sick leave, the management cannot change them abruptly. The general and uncoded principle is that if a person works continuously, he falls sick and the employer has to provide him wages during his recuperation, that would be generally 15 days full wages for a completed year of service or 30 days half pay leave for a completed year of service, which can be accumulated in the account of the employee for availing them in old age. For further information, you can contact karlprabhakar@gmail.com
Manish Singh
(Expert) 03 January 2009
check the local shops & establishment act. in delhi you shall be entitled for 12 days sick leave as completion of every 1 year if the establishment is not regd as a factory.
Hiralal Das
(Expert) 08 April 2009
Thanks all of you the ld. members and the author.