Hi Folks, Previously the company had 28 Leaves, All of a sudden the company reduced the leaves to 23 without intimation. What is the actual Leave policy as per the factory act? What is the minimum leave policy for both Staff, and laborers both? Can anyone advice.
From India
From India
Dear friend,
A 'policy' , in general, is a statement of rational guidelines on a subject-matter to be achieved by an organization through some established procedure in tune with certain statutory norms, if any applicable and practices by convention. Therefore, the leave policy of an organization takes within its fold the various types of leave to be granted to the employees, their numbers in a year and the ceiling on their accumulation as per the statutory standards or the terms of the contract of employment.
Viewed from the above stand point, the Company's particular establishment being a 'factory' as defined under the Factories Act,1948, the employees are eligible to get only one kind of leave viz., Annual Leave with Wages as per the provisions of sec.79 of the Act whereas actually they were getting 28 leaves in total means that they were enjoying better customary leave benefits. Therefore, the employer cannot reduce the quantum of leave suddenly at his discretion without following the procedure set down u/s 9-A of the Industrial Disputes Act,1947.
As per the definition of the term 'worker' u/s 2 (l) of the FA,1948 anyone engaged in the manufacturing process of the factory whether directly or indirectly is entitled to all the benefits of the Act irrespective his hierarchical status. Therefore, there cannot be any distinction in respect of leave benefits as managers, staff or labourer so long as their work place is situated within the area approved as factory.
From India, Salem
6016A 'policy' , in general, is a statement of rational guidelines on a subject-matter to be achieved by an organization through some established procedure in tune with certain statutory norms, if any applicable and practices by convention. Therefore, the leave policy of an organization takes within its fold the various types of leave to be granted to the employees, their numbers in a year and the ceiling on their accumulation as per the statutory standards or the terms of the contract of employment.
Viewed from the above stand point, the Company's particular establishment being a 'factory' as defined under the Factories Act,1948, the employees are eligible to get only one kind of leave viz., Annual Leave with Wages as per the provisions of sec.79 of the Act whereas actually they were getting 28 leaves in total means that they were enjoying better customary leave benefits. Therefore, the employer cannot reduce the quantum of leave suddenly at his discretion without following the procedure set down u/s 9-A of the Industrial Disputes Act,1947.
As per the definition of the term 'worker' u/s 2 (l) of the FA,1948 anyone engaged in the manufacturing process of the factory whether directly or indirectly is entitled to all the benefits of the Act irrespective his hierarchical status. Therefore, there cannot be any distinction in respect of leave benefits as managers, staff or labourer so long as their work place is situated within the area approved as factory.
From India, Salem
Reduction of leave from 28 to 23 without following 9A of ID Act is unfair and against the law. But the leaves that you were enjoying is more than what the Factories Act provides for because the number of leaves to which an employee is entitled is one day for every 20 days physically present in the preceding year. If you really calculate it it won't be more than 23 days.
From India, Kannur
From India, Kannur
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