jknhr Started The Discussion:
HI, MY NAME IS KARTHIK NARAYANAN, I HAVE BEEN A HR MANAGER FOR ALL THESE YEARS. IAM USED TO LABOUR INSPECTIONS. IAM TOLD THAT WHILST COUNTING NUMBER OF EL AVAILED BY EMPLOYEES, THE INTERVENING FESTIVAL HOLIDAYS/WEEKLY HOLIDAY/GOVERNMENT HOLIDAYS SHOULD NOT BE TAKEN IN TO ACCOUNT. IS THIS CORRECT?
EVERY ORGANISATION HAS IT'S OWN LEAVE RULES. THERE IS NO UNIFORMITY. NO HARD AND FAST RULES INDEED. I WANT TO KNOW THE EXACT LEAVE RULES AS PER SHOP AND ESTABLISHMENT ACT (TAMIL NADU). TO MY KNOWLEDGE, AN EMPLOYEE WILL BE ELIGIBLE FOR EARNED LEAVE UPON COMPLETING 240 DAYS OF SERVICE. EARNED LEAVE CAN BE AVAILED ONLY THRICE IN A YEAR. BALANCE LEAVES, IF ANY WILL BE CLUTCH FORWARD TO THE NEXT YEAR. MAXIMUM 30 DAYS EL CAN BE ACCUMULATED IN A SPAN OF 3 YEARS. THESE ARE RULES IN GENERAL. BUT MY DOUBT PERTAINS AS TO WHETHER INTERVENING HOLIDAYS SHOULD BE COUNTED OR NOT (WHILE AVAILING EL). I EVEN TRIED BENCH MARKING IN THIS REGARD. BUT IAM SURPRISED THAT THERE IS NO UNIFORMITY. KINDLY CLARIFY MY DOUBT.
Per TN S&E Act
12 days of earned leave to be credited to employeers after completing 12 months of continuous service. Employee can avail this 12 days in the next year i.e., year after continuous 12 months of service. For example one employee joings on 1.1.2008 and he will get 12 days EL on 1.1.2009 and he can enjoy this leave during 2009. and on 1.1.2010 he will get 12 days again if he continues in service.
Employees are allowed to accumalate upto 24 days
I think Section 79 of Factories Act 1948, will be of some help to you. This is the standard that all the companies in India should be following. However, this act will not be applicable in case the industry or the company proposes / implements anything better than this.
79. ANNUAL LEAVE WITH WAGES. - (1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of - (i) if an adult, one day for every twenty days of work performed by him during the previous calendar year;
(ii) if a child, one day for every fifteen days of work formed by him during the previous calendar year.
Explanation 1 : For the purpose of this sub-section - (a) any days of lay off, by agreement or contract or as permissible under the standing orders;
(b) in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and
(c) the leave earned in the year prior to that in which the leave is enjoyed; shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.
Explanation 2 : The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.
(2) A worker whose service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate laid down in clause (i) or, as the case may be, clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calendar year.
(3) If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death calculated at the rates specified in sub-section (1), even if he had not worked for the entire period specified in sub-section (1) or sub-section (2) making him eligible to avail of such leave, and such payment shall be made - (i) where the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal or quitting, and
(ii) where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death.
(4) In calculating leave under this section, fraction of leave of half a day or more shall be treated as one full day's leave, and fraction of less than half a day shall be omitted.
(5) If a worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year :
Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child :
Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub-sections (8) and (9) or in contravention of sub-section (10) shall be entitled to carry forward the leave refused without any limit.
(6) A worker may at any time apply in writing to the manager of a factory not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year :
Provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to begin, if he is employed in a public utility service as defined in clause (n) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947) :
Provided further that the number of times in which leave may be taken during any year shall not exceed three.
(7) If a worker wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in sub-section (6); and in such a case wages as admissible under section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty days from the date of the application for leave.
(8) For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee constituted under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with the Chief Inspector a scheme in writing whereby the grant of leave allowable under this section may be regulated.
(9) A scheme lodged under sub-section (8) shall be displayed at some conspicuous and convenient places in the factory and shall be in force for a period of twelve months from the date on which it comes into force, and may thereafter be renewed with or without modification for a further period of twelve months at a time, by the manager in agreement with the Works Committee or a similar Committee, or as the case may be, in agreement with the representatives of the workers as specified in sub-section (8), and a notice of renewal shall be sent to the Chief Inspector before it is renewed.
(10) An application for leave which does not contravene the provisions of sub-section (6) shall not be refused, unless refusal is in accordance with the scheme for the time being in operation under sub-sections (8) and (9).
(11) If the employment of a worker who is entitled to leave under sub-section (1) or sub-section (2), as the case may be, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment before he has taken the leave, the occupier of the factory shall pay him the amount payable under section 80 in respect of the leave not taken, and such payment shall be made, where the employment of the worker is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker who quits his employment, on or before the next pay day.
(12) The unavailed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.
Sanjeev have done the good job by producing the section 79 of the Factories Act, which is related to the Earned Leave.
The crux ....as per the Factories Act.......is that
Earned leaves are given only after the completion of 240 days of working in a calender year.
It is given 1 leave on every working of 20 days........for the calender Year.
For the purpose of working days.....It includes only working days of the Employees and it excludes any Festival holiday, Leave, without pay, any kind of absence from the work.
The holidays days are counted only for the purpose of continuity of the job of the employee.
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