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Government Of Assam Labour and Welfare Commissionerate of Labour

Assam shops and establishment

ASSAM SHOPS AND ESTABLISHMENTS ACT, 1971.

Annual leave with wages.

(1) Every employee in an establishment shall be entitled after twelve months' continuous service in that establishment to privilege leave with wages for a period of 16 days in the subsequent period of twelve months, provided that such privilege leave with wages may be accumulated upto maximum period of 30 days.

(2) Every employee in an establishment shall also be entitled during every twelve months of continuous service to medical leave with wages for a period not exceeding twelve days on the ground of any sickness incurred or accident sustained by him and to casual leave with wages for a period not exceeding twelve days on any reasonable ground.

(3) If an employee entitled to any leave under sub-section (1) is discharged by his employer before he has been allowed the leave, or if having applied for and been refused the leave, he quits his employment before he has been allowed the leave, the employer shall pay him the amount payable under this Act in respect of the leave.

(4) If an employee entitled to any leave under sub-section (2) is discharged by his employer when he is sick or suffering from the result of an accident, the employer shall pay him the amount payable under this Act in respect of the period of the leave to which he is entitled at the time of his discharge, in addition to the amount, if any, payable to him under sub-section (3).

(5) An employee shall be deemed to have completed a period of twelve months' continuous service within the meaning of this section, notwithstanding any interruption in service during those twelve months brought about (a) by sickness, accident, or authorised leave (including authorised holidays and weekly holidays), not exceeding ninety days in the aggregate for all three; or (b) by a lock-out; or (c) by a strike which is not an illegal strike; or (d) by intermittent periods of involuntary unemployment not exceeding thirty days in the aggregate, and authorised leave shall be deemed not to include any weekly holiday allowed under this Act which occurs at the beginning or end of an interruption brought about by the leave.

Wages during leave period

For the leave allowed to him under the above, an employee shall be paid at the rate equal to the daily average of his total full time earning exclusive of any overtime earning and bonus, but inclusive of dearness allowance and the cash equivalent of any advantage accruing by the supply of meals and by the sale by the employer of food grains and other articles at concessional rates, for the days on which he worked during the month immediately preceding his leave.

ASSAM SHOPS AND ESTABLISHMENTS RULES, 1976.

Privilege Leave

(1) Every employee in an establishment desiring to avail of any privilege leave which is due to his credit under the Act, shall make an application in writing at least seven days prior to the intended commencement of such leave and the employer shall issue orders on the application within three days of submission:

Provided that the employer may, if satisfied that the leave is required for urgent matters waive the period of seven days' notice and pass orders, accordingly.

(2) Leave due and prayed for shall not be refused and no part of the privilege leave earned by an employee in an establishment shall be allowed to lapse by the refusal of the employer to grant such leave:

Provided that the employer may regulate the grant of privilege leave according to convenience of work in the establishment:

Provided further that all refused privilege leave shall accumulate without any limit.

(3) Every employee who has been allowed leave under sub-rule (1) above shall, on demand, before his leave begins be paid by the employer half the total amount of wages due to him for the period of such leave.

Casual leave

Ordinarily Casual Leave of absence shall not be admissible for more than seven days at a time and previous permission in writing of the employer shall be obtained before such leave is availed of: Provided that when it is not possible to obtain such previous permission the employer shall, as may be practicable, be informed in writing of the absence from duty and the probable duration of such absence with reasons thereof.

Medical leave

Grant or extension of medical leave on grounds of sickness incurred or accident sustained, if due shall not be refused when prayed for in writing by or on behalf of an employee supported by a certificate from a registered medical practitioner:

Provided that the employer may, if he so think fit and undertakes or defray the cost involved, require the employee by an order in writing to be examined by the nearest State Health Officer of Class I and if the employee refuses to submit to such examination or is certified on such examination he is certified to be fit for duty, the employer may refuse the leave or extension thereof as the case may be.

Combination of medical leave with privilege leave

Leave on medical certificate allowed based on the above may be combined with privilege leave if due under the Act.

Prohibition of alteration of nature of leave

The employer shall not alter the nature of leave applied for by the employee.

Intimation of employees's address on leave

Every employee praying for privilege or medical leave shall intimate to the employer his address during the period of leave and if there is any change of the address so communicated, that shall be intimated within three days of such change.

Extension of leave

If an employee after proceeding on leave desires an extension thereof, he shall apply in writing to the employer, and the later shall send a written reply either granting or refusing the extension of leave to the applicant at the address last given by him.

Unauthorised absence

(I) If an employee remains absent without leave or beyond the period of leave originally granted or subsequently extended, the employer shall, before taking any disciplinary action against the absentee employee issue a notice requiring him to explain in writing the reasons of his absence within fifteen days of the receipt of the notice.

(2) If on receipt of the notice referred to in sub-rule (1) above, the absentee employee explains the reasons of his absence to the satisfaction of the employer, the later may regularise the period of unauthorised absence by grant of such leave as may be due to the employee and treat the remain period of absence, if any, as leave of absence without wages; and where the explanation given by the employee is considered not satisfactory, the employer may either treat the period of unauthorised absence of the employee as absence without wages even though leave with wages may be due to him or terminate his lien on service, depending on the seriousness and gravity of the case.

(3) If the employee does not submit any explanation to the employer within the time limit given in the notice referred to in sub-rule (I) above, the later may terminate the lien of the person employed on his service.

(4) The notice referred to in sub-rule (1) above shall be served by registered post to the address given under Rule 13, or in its absence, to the address last given by the persons employed.