Dear All.
can somebody tell me that as per factories act casual and medical leaves are obligatory on the part of the employer to be given, because in the act only Earned leaves are allowed.if yes where it is mention in the act.
Regards
shishir
From India, Ludhiana
can somebody tell me that as per factories act casual and medical leaves are obligatory on the part of the employer to be given, because in the act only Earned leaves are allowed.if yes where it is mention in the act.
Regards
shishir
From India, Ludhiana
dear shishir
casual and medical leaves are given as per the certified standing orders of the company.some state factory rules has given provision of casual/sick leave
,if it is there in factory rules that has to be followed otherwise your cetified standing orders to be followed.
tks
j s malik
From India, Delhi
167casual and medical leaves are given as per the certified standing orders of the company.some state factory rules has given provision of casual/sick leave
,if it is there in factory rules that has to be followed otherwise your cetified standing orders to be followed.
tks
j s malik
From India, Delhi
Dear shishir,
This gives me an opportunity to congratulate you on joining at Phillaur .Wish you nice tenure.
Apropos to your topic,there is no mention in Factory Act 1948 but it is obligatory ( in Punjab) to grant Sick And Casual leave Under "The Punjab Industrial Establishments (National and Festival Holidays and Casual and sick leave) Rules 1966.(Copy appended)
No. G.S.R. 72/P.A. – 14/65/S.15/6 dated the 5th. April, 1966 – With reference to Punjab
Government Labour Department Notification No. GSR. 225/P.A.- 14/65/S. 15/65, dated
19th. October, 1965 and in exercise of the powers conferred by Section 15 of the Punjab
Industrial Establishments (National and Festival Holidays and Casual and Sick Leave)
Act, 1965, the Governor of Punjab is pleased to make the following rules, namely: -
1. Short Title. – These rules may be called the Punjab Industrial Establishments (National
and Festival Holidays and Casual and Sick Leave) Rules, 1966.
2. Definitions. -- In these rules, unless context otherwise requires: -
(a) ‘Act’ means the Punjab Industrial Establishments (National and Festival Holidays
and Casual and Sick Leave) Act, 1965.
(b) ‘Conciliation Officer’ means a Conciliation Officer notified as such under the
Industrial Disputes Act, 1947.
(c) ‘Form’ means a form appended to these rules.
(d) ‘Representatives of the workers’ shall mean the representatives of the workers on
the Works Committee constituted under Section 3 of the Industrial Disputes Act,
1947, and where there is no such Works Committee the representatives of the
Worker elected in the manner prescribed under Rule 4.
(e) ‘Section’ means a section of the Act.
3. Festival Holidays. -- Section 3(1)(a) read with Section 15(2)(a). — (1) The1 [Five]
festival holiday required to be allowed under Section 3(1)(b) shall be determined in
consultation with the representatives of the workers before the 30th. November each year
for the ensuing calendar year. He holidays so determined shall be notified to the workers
before the 31st.December each year y exhibiting a copy of the same on a notice board
kept at a conspicuous place where the majority of the workers enter the premises of the
industrial establishment and also tat the Time-keeper’s Office, if any; and a copy of the
same shall be delivered to the Inspector of the area before the 21st. December each year.
(2) For exercising claim for half festival holiday as provided in proviso to sub-section (1)
of Section 3 a written application to this effect shall be received by the employer before
the 31st. October every year which shall be signed by not less than 10 per cent workers of
the industrial establishment on rolls on that day indicating the name of festivals on which
they want to avail half holidays if any difficulty in this arises, the matter will be settled by
the employer in consultation with the representatives of the workers.
1 Substituted by Haryana Govt. Notification No. G.S.R. 23/P.A./14/65/S.15/73 dated 9.2.1973
(3) In case it is not possible to determine the festival holidays under sub-rules (1) and (2)
before 3.0th. November, the matter shall be referred by the employer to the Conciliation
Officer of the area immediately but not later than the 1st. December. The Conciliation
officer shall make efforts to bring about settlement between the employer and the
workers. In case the Conciliation Officer is not able to bring about any settlement
between the employer and the workers with 15 days of the receipt of the reference from
the employer he shall refer the matter to the Labour Commissioner, Punjab, for his
decision. The Labour Commissioner, Punjab, shall give his decision before the 31st.
December, which shall be final.
4. Election of representatives of workers, Section 3(1) read with Section 15(1). -- Where
there is not Works Committee constituted under Section 3 of the Industrial Disputes Act,
1947, the representatives of the workers shall be elected from amongst the workers. The
election shall be arranged by the employer in the month of October each year for this
purpose he shall issue seven days’ notice and invite nomination where after election shall
be held by show of hands.
5. Casual Leave. Section 4 read with Section 15(2)(b). -- (1) During the first year of
service a workman may be allowed not more than two days’ casual leave for every three
month of service.
(2) The unavailed casual leave shall lapse at the end of the calendar year. If any casual
leave due is refused by the employer in his own interest the worker shall be compensated
by grant of casual leave on any other day or by payment of the average daily wages for
that day.
(3) The causal leave shall not be combined with any kind of leave except with the express
permission of the employer.
(4) Except for emergent reasons, casual leave shall not be asked or allowed for more than
two days at a time.
(5) An application for casual leave shall be made two days in advance to the management
concerned and permission obtained before hand:
Provided that in case of urgency or death or serious illness in the family such application
can be made immediately on resuming duty, giving cogent reason for inability to obtain
prior permission.
(6) If a substantial number of workers apply for casual leave in a concerned manner and
for identical period and the employer has reasons to believe that the leave has been
applied for with an intention to affect the working of the establishment adversely, the
employee may reject the application and the worker shall not be entitled to claim any
compensation for leave thus refused:
Provided further that a worker may apply for leave thus rejected afresh at any other time
during the year and/such application may then be considered by the employer in the
normal course.
6. Sick Leave. Section 4 read with Section 15(a)(b). -- (1) If sick leave is for more than
two days, it shall be granted on application supported by a medical certificate from a
registered medical practitioner;
Provided that the employer may require the worker to get countersigned such medical
certificate from the authorized medical officer of the Industrial Establishment, of any, or
form the Doctor incharge of the Government Hospital of the area and the fee for getting
the medical certificate countersigned shall be borne by the employer.
(2) In case a worker is suspended to be suffering from any contagious or infectious
disease, he may got medically examined by the employer at his (employer’s) expense and
allo0wed to proceed on leave as though the worker had applied for being sent on leave
him self.
Maintenance of Records. Section 15(2)(O) -- (1) Every employer shall submit to the
Inspector of the area a statement of Festival Holidays to be allowed to the workers during
the calendar year before the 31st. December of the preceding year in Form ‘A’. A copy of
this statement will be exhibited on a Notice board to be kept in the industrial
establishment at conspicuous place and shall be available for inspection at all times.
(2) The amount of festival holidays, casual leave and sick leave shall be maintained in
Form ‘D’.
8. Penalties. Section 15(3). -- Any person who contravenes any provision of the rules
shall be punishable with the fine, which may extend to fifty rupees.
--------------
I think this will serve your purpose.
Regards
Manjeet Singh
From India
This gives me an opportunity to congratulate you on joining at Phillaur .Wish you nice tenure.
Apropos to your topic,there is no mention in Factory Act 1948 but it is obligatory ( in Punjab) to grant Sick And Casual leave Under "The Punjab Industrial Establishments (National and Festival Holidays and Casual and sick leave) Rules 1966.(Copy appended)
THE PUNJAB INDUSTRIAL ESTALISHMENTS
(NATIONAL AND FESTIVAL HOLIDAYS AND
CASUAL AND SICK LEAVE) RULES, 1966 (6.1 – 6.10)
Government Labour Department Notification No. GSR. 225/P.A.- 14/65/S. 15/65, dated
19th. October, 1965 and in exercise of the powers conferred by Section 15 of the Punjab
Industrial Establishments (National and Festival Holidays and Casual and Sick Leave)
Act, 1965, the Governor of Punjab is pleased to make the following rules, namely: -
1. Short Title. – These rules may be called the Punjab Industrial Establishments (National
and Festival Holidays and Casual and Sick Leave) Rules, 1966.
2. Definitions. -- In these rules, unless context otherwise requires: -
(a) ‘Act’ means the Punjab Industrial Establishments (National and Festival Holidays
and Casual and Sick Leave) Act, 1965.
(b) ‘Conciliation Officer’ means a Conciliation Officer notified as such under the
Industrial Disputes Act, 1947.
(c) ‘Form’ means a form appended to these rules.
(d) ‘Representatives of the workers’ shall mean the representatives of the workers on
the Works Committee constituted under Section 3 of the Industrial Disputes Act,
1947, and where there is no such Works Committee the representatives of the
Worker elected in the manner prescribed under Rule 4.
(e) ‘Section’ means a section of the Act.
3. Festival Holidays. -- Section 3(1)(a) read with Section 15(2)(a). — (1) The1 [Five]
festival holiday required to be allowed under Section 3(1)(b) shall be determined in
consultation with the representatives of the workers before the 30th. November each year
for the ensuing calendar year. He holidays so determined shall be notified to the workers
before the 31st.December each year y exhibiting a copy of the same on a notice board
kept at a conspicuous place where the majority of the workers enter the premises of the
industrial establishment and also tat the Time-keeper’s Office, if any; and a copy of the
same shall be delivered to the Inspector of the area before the 21st. December each year.
(2) For exercising claim for half festival holiday as provided in proviso to sub-section (1)
of Section 3 a written application to this effect shall be received by the employer before
the 31st. October every year which shall be signed by not less than 10 per cent workers of
the industrial establishment on rolls on that day indicating the name of festivals on which
they want to avail half holidays if any difficulty in this arises, the matter will be settled by
the employer in consultation with the representatives of the workers.
1 Substituted by Haryana Govt. Notification No. G.S.R. 23/P.A./14/65/S.15/73 dated 9.2.1973
(3) In case it is not possible to determine the festival holidays under sub-rules (1) and (2)
before 3.0th. November, the matter shall be referred by the employer to the Conciliation
Officer of the area immediately but not later than the 1st. December. The Conciliation
officer shall make efforts to bring about settlement between the employer and the
workers. In case the Conciliation Officer is not able to bring about any settlement
between the employer and the workers with 15 days of the receipt of the reference from
the employer he shall refer the matter to the Labour Commissioner, Punjab, for his
decision. The Labour Commissioner, Punjab, shall give his decision before the 31st.
December, which shall be final.
4. Election of representatives of workers, Section 3(1) read with Section 15(1). -- Where
there is not Works Committee constituted under Section 3 of the Industrial Disputes Act,
1947, the representatives of the workers shall be elected from amongst the workers. The
election shall be arranged by the employer in the month of October each year for this
purpose he shall issue seven days’ notice and invite nomination where after election shall
be held by show of hands.
5. Casual Leave. Section 4 read with Section 15(2)(b). -- (1) During the first year of
service a workman may be allowed not more than two days’ casual leave for every three
month of service.
(2) The unavailed casual leave shall lapse at the end of the calendar year. If any casual
leave due is refused by the employer in his own interest the worker shall be compensated
by grant of casual leave on any other day or by payment of the average daily wages for
that day.
(3) The causal leave shall not be combined with any kind of leave except with the express
permission of the employer.
(4) Except for emergent reasons, casual leave shall not be asked or allowed for more than
two days at a time.
(5) An application for casual leave shall be made two days in advance to the management
concerned and permission obtained before hand:
Provided that in case of urgency or death or serious illness in the family such application
can be made immediately on resuming duty, giving cogent reason for inability to obtain
prior permission.
(6) If a substantial number of workers apply for casual leave in a concerned manner and
for identical period and the employer has reasons to believe that the leave has been
applied for with an intention to affect the working of the establishment adversely, the
employee may reject the application and the worker shall not be entitled to claim any
compensation for leave thus refused:
Provided further that a worker may apply for leave thus rejected afresh at any other time
during the year and/such application may then be considered by the employer in the
normal course.
6. Sick Leave. Section 4 read with Section 15(a)(b). -- (1) If sick leave is for more than
two days, it shall be granted on application supported by a medical certificate from a
registered medical practitioner;
Provided that the employer may require the worker to get countersigned such medical
certificate from the authorized medical officer of the Industrial Establishment, of any, or
form the Doctor incharge of the Government Hospital of the area and the fee for getting
the medical certificate countersigned shall be borne by the employer.
(2) In case a worker is suspended to be suffering from any contagious or infectious
disease, he may got medically examined by the employer at his (employer’s) expense and
allo0wed to proceed on leave as though the worker had applied for being sent on leave
him self.
Maintenance of Records. Section 15(2)(O) -- (1) Every employer shall submit to the
Inspector of the area a statement of Festival Holidays to be allowed to the workers during
the calendar year before the 31st. December of the preceding year in Form ‘A’. A copy of
this statement will be exhibited on a Notice board to be kept in the industrial
establishment at conspicuous place and shall be available for inspection at all times.
(2) The amount of festival holidays, casual leave and sick leave shall be maintained in
Form ‘D’.
8. Penalties. Section 15(3). -- Any person who contravenes any provision of the rules
shall be punishable with the fine, which may extend to fifty rupees.
--------------
I think this will serve your purpose.
Regards
Manjeet Singh
From India
:icon10:
Regarding casual and sicvk leave 8 casual and 10 sick leave . i think . If any employee covered with esi they not enjoyed with sick leave ,not covered with esi employee's can get 8 causl and 10 sick leave in a year . regarding sick leave you will sumitted a medical proof to your current employer.
From India, Delhi
Regarding casual and sicvk leave 8 casual and 10 sick leave . i think . If any employee covered with esi they not enjoyed with sick leave ,not covered with esi employee's can get 8 causl and 10 sick leave in a year . regarding sick leave you will sumitted a medical proof to your current employer.
From India, Delhi
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