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Hi, I'm working in Pvt. Ltd. Company last five years and my working day 200 in a year (Jan 09 to Dec 09) then am I eligible for Earned Leave? I have no opening earned leave balance - How many Earned leave will i gain? Pls. Reply
From India, Agra
You have not mentioned whether your company is covered under Factories Act, 1948 or State Shops & Establishment Act. If you are covered under the Factories Act then according to chapter VIII of Annual Leave with wages you are required to work for 240 days as per this Act in the year 2009 for getting EL during the year 2010 & if your company is covered under Shops Act then go through EL provisions for your query.
From India, Delhi
my company is covered under Factories Act, 1948
That mean i m not eliegible any Earn Leave.
Thnx for your earlier reply .
Remark: can u pls. also tell if any new employee upcoming on roll from sep 09 and his working day in year 95 days then in this case he is eleigible for Earn leave and howmany gen EL ?

From India, Agra
In that case we are to go through section 79 Explanation 2(2) which runs as under:
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.
Thus if the employee fulfills this condition then he will be entitled to EL @ one for every twenty days. For more details you may also go through section 79 of the Factories Act, 1948.

From India, Delhi
Hi, In any organization employee has to continue minimum 240 days (i.e.8 months) in the same organization then employee is Eligible for Earned Leave.earned leave- 15 per anum. Regards Charvaka Reddy
From India, Hyderabad
Dear Vinsagar,
Please let us know your company's weekly days(if your company working 5 days in week then ,means 104 days less from 365 days and also less your CL/SL if you have taken then less holidays which your company has given to everyone)in that case you could be eligible for EL.
Best Regards

From India, Delhi
Dear All,
It's ok that one employee can get EL only after working for 240 days in a year. Now please let me know whether this 240 days is inclusive of all holidays and leave he/she avail in the last year or it's just the working days. Then as per my best knowledge a person get an EL after every 20 working days. So, does this 20 days included the holidays and leave? How this EL calculated? Please let me know?

From India
i have 2 questions 1. how are earned leaves encashed are they on basic or gross????????? 2. And also about deduction of unpaid leave is it on basic or gross?
From India, Pune
Entitlement of Earned Leave is governed by provisions of Factories Act and Shops Act. So you have to decide under which statute your Co. is registered.
The basis of calculation of EL under the two statutes are different.
The best thing for you to do is to study the provisions of the law which is applicable to your Co. and understand the entitlement of EL .
Vasant Nair

From India, Mumbai
Dear Mr. Vasant, Our organization falls under The facotries Act. Plz let me know the answers to my querries I have stated above. Regards Jitul
From India

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