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suku_mba@ymail.com
2

Factories Act - Doubts Dear all,
I need the clarification of below,
  • As per EL the norms is those who are all worked 240 days in preceeding year is eligible for 15 days per year
Question : If the employee joined intermediate and not completed 240 days for the preceeding year means how can we calculate the EL & what the act tells for that?
Question : Waht are all exemptions we can get it from Inspector of Factories as per Factories Act.
Question 3 : What r all registers we can maintain for Mfg. industry? & relate to which act?
reply
Regards,
Sukumar
9842023923
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From India, New Delhi
arunsinghal1969
5

Dear As per Factory Act if an employee joined mid term then he will be entitled for EL on proportion i.e. 01 day for each 20 days duty performed.
From India, New Delhi
Vasant Nair
90

Your assumption about calculation of EL under the factories Act is not quite correct.
Please read the relevant sections of the said Act and you will find all the answers.
There are no exemptions that an Inspector of Factories can give under the Factories Act. At his personal level, well he may be prevailed upon to look the other way and you get the exemption you are seeking!!!!!!!
Cheers!!!
Vasant Nair

From India, Mumbai
hc.subbaramu
1

Dear Peers,
The workers are eligible for PL if they work for 240 days in the previous year at
the rate of one day for every 20 woking days ( From 1st. Jan to 31 st.Dec)
For computation of qualifying 240 days, period of lay off, by Agreements/ under the provisions of Standing Ordes, Maternity leave not exeeding 12 weeks and the period of earned leave ejoyed are to be considered. But workers will not earn any leave for those days.
Any one joining after jan., the qualifying period would be 2/3 till Dec. Eg., If a workman has worked for 100 days of 140 company woking days, he is eligible for
proportionate PL as he has worked for more than 2/3 of 140 days.
Thanks
HC. Subbaramu
HR and Labour Law Consultant
Bangaluru

From India, Kochi
sundar_mpm
41

Earned Leave or known as Privilege Leave or known as annual leave with wages , as per Factories Act , is allowed an annual leave with wages in the subsequent calendar year at the rate of one day for every 20 days of work performed if he/she is an adult, and one day for every 15 days of work performed if he/she is a child. (Sec.79)
Annual Leave can be carried forward upto 30 days in the case of an adult and upto 40 days in the case of child. Refused leave can be carried forward to any limit. (Sec.79)
(Factories Act is indirectly allowing child also, it is felt.)
The Management's HR Policy could be made in the Industrial Employment (Standing Orders) Act 1946, the workers/employees may be paid on prorated basis, which could be of the Rights of Workers, to certain extent and image of HR Management could be elevated.

From India, Pune
suku_mba@ymail.com
2

Dear Peers Thanks a lot to your Valuable suggestions this questions was I faced in Interview I need that Normal Exemption not in specific Like OT, Creche, Ambulance etc..................
From India, New Delhi
vineet.hr
there is no exemption as such...you only have to convince the inspector that you are providing extra benefit to ur employees than the act specifies....and hence it is not possible to act as per the Act provides...so he may grant an exemption from the specific section
From China
NKannabiran
Dear
we have to calculate whether the employee had worked 2/3 of the total working days in the previous year to become eligible for Earned leave and calculate one day for every 20 days he actually worked.
N Kannabiran

From India, Madras
suku_mba@ymail.com
2

Dear peers, I read the Sec 79 but i couldn’t get clear idea cos it doesn’t explain what I expect Pls give me the sec79 if any1 having......... Regards, Sukumar
From India, New Delhi
ravichandiran
Dear Sugumar, 1.Employees working 20 day -01 day EL 2.What do you want exemption. 3.You see the factories act book in varies register to be maintain. Ravi HR
From India, Chennai
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