ritika_chadha Started The Discussion:
Suppose a contractual employee has joined his duties w.e.f. 15 July 2010 and he has taken leave on 6 August 2010 due to some work will his leave be treated as casual leave or LWOP. Regards Ritika
Basically, ur information is short, whether ur unit is factory or establishment' if it is factory, employee is not entitled for earned leave as it will be worked out after completing 240 days of service,
if it is establishment under shops & comm.establishment act and governed by the state govt. then what provisions for leave in ur State be checked. but remember one thing what policy in respect of leave has been adopted by ur organization is important.There is no provision of casual leave in factory act as well shops & comm. establishment act. so, the leave may be treated as leave without pay.
Kindly speak to the HR department regarding your leave details. many organizations do give some leaves for he contractual employees as well. The number and type of leave may vary from a confirmed or on-roll employee.
We cant help you with the correct answer whether you will be marked LWP or not.
Casual employee for sesonal establishment or were job is for few days only no leave applicable. Were as if regular casual employee attain the factory then they are eligialbe for leave as per leave policy applicable to regular employees.
Or company can discuss with the contractor and come to agreement regarding leave policy. Or standing order can be passed as per standing order act regarding leave system for causal employees.
For all this min 240 days working is required in a year.
It is usually based on Organizational Policy.
It is not affected by the matter that when you have joined, if there is a provision for Casual Leave with contractual employee, then it will be paid.
Better check HR Manual that is given to almost all the employee at the time of joining, there such leave policy will be mentioned.
Dear Ritika ji,
In most of the MNCs they are providing contractual type of appointment for example the Turnkey projects they are providing these jobs for the respective organisations they are having a leave rules procedure may be. In that case the contractual employment the employee may get CL or EL or Paid Leave etc. But its purely depending upon their administrative procedure. Weather the employee is elegible or not will be decided if the rules made there in.
If the contract of employment is attracted by the Contract Labour (R&A) Act it will not be.
Please appreciate a simple fact that employees engaged through a Contractor or employees engaged on a Contractual basis are entitled to all applicable benefits under various Labour Laws just as they (Labour Laws) are applicable to regular employees.
Therefore, to say that grant of leave to contractual employees is a matter of policy or choice of the management would be erronous.
In the query under consideration, the employee should be given one day's CL.
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