Please, can anyone help me by answering my following queries?
I am an employee of a public sector undertaking.
1. If an employee takes earned/sick leave for a certain period, will the weekly off day or any holiday during the leave period (in between) be counted as leave? If yes/no, then what is the reason behind it? Our leave rule is silent on this matter.
2. If an employee takes earned/sick leave in a week and the said employee does any overtime in that week, our management is deducting overtime hours from the overtime done in that week. Is our management's activity justified or does it violate the Factory Act 1948? Our corporation's rule is silent on this matter.
Regards,
Tapan
From India, Haldia
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I am an employee of a public sector undertaking.
1. If an employee takes earned/sick leave for a certain period, will the weekly off day or any holiday during the leave period (in between) be counted as leave? If yes/no, then what is the reason behind it? Our leave rule is silent on this matter.
2. If an employee takes earned/sick leave in a week and the said employee does any overtime in that week, our management is deducting overtime hours from the overtime done in that week. Is our management's activity justified or does it violate the Factory Act 1948? Our corporation's rule is silent on this matter.
Regards,
Tapan
From India, Haldia
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Dear Tapan,
If the Sunday/Weekly Off or Holidays fall in between the leave period, then the Holidays/Sundays/Weekly Off cannot be considered, and that day will also be counted as leave only. As a matter of fact, one has to work for 48 hours in a week with a maximum of 9 hours of duty in a day. Therefore, if you avail of 1 day leave in a week, then in the remaining 5 days, you will work for 45 hours as normal work. Any excess hours beyond that will be considered as overtime (OT), with double OT pay. For the initial 40 hours (5 days), regular wages will be paid, the next 5 hours will be paid with Single OT, and any additional hours will be paid with double OT.
I hope your queries are cleared. If you have any further queries, please do not hesitate to ask in this forum.
From India, Kumbakonam
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1189If the Sunday/Weekly Off or Holidays fall in between the leave period, then the Holidays/Sundays/Weekly Off cannot be considered, and that day will also be counted as leave only. As a matter of fact, one has to work for 48 hours in a week with a maximum of 9 hours of duty in a day. Therefore, if you avail of 1 day leave in a week, then in the remaining 5 days, you will work for 45 hours as normal work. Any excess hours beyond that will be considered as overtime (OT), with double OT pay. For the initial 40 hours (5 days), regular wages will be paid, the next 5 hours will be paid with Single OT, and any additional hours will be paid with double OT.
I hope your queries are cleared. If you have any further queries, please do not hesitate to ask in this forum.
From India, Kumbakonam
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Dear Bhaskarji,
I have read in some cases that the weekly off day and holiday will be excluded from the leave for the reason below:
SEC 79(1) of The Factory Act 1948
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.
In the second case, our Management is only deducting 1 hr single pay of per overtime done in that week irrespective of the number of leaves in that week.
Regards,
TAPAN
From India, Haldia
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I have read in some cases that the weekly off day and holiday will be excluded from the leave for the reason below:
SEC 79(1) of The Factory Act 1948
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.
In the second case, our Management is only deducting 1 hr single pay of per overtime done in that week irrespective of the number of leaves in that week.
Regards,
TAPAN
From India, Haldia
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I see that the user's input is in a different language and contains HTML entities representing characters in that language. I will correct any spelling, grammar, or punctuation errors in the text and ensure proper paragraph formatting.
Here is the corrected and formatted text:
खिलोने खेलने के लिए बच्चों को खुद को संयमित रखने की आदत डालने में मदद कर सकती है। खेलने से बच्चों को संयम और ध्यान की आवश्यकता होती है जो उनके विकास में मदद कर सकती है। खेलने से उनके शारीरिक और मानसिक स्वास्थ्य को भी बेहतर बनाए रखने में मदद मिल सकती है।
अधिक जानकारी 2000 में जारी की जाएगी।
खिलौने प्राप्त करने की अंतिम तिथि 59 है। धन्यवाद।
खिलौनों को खरीदने के लिए महत्वपूर्ण है कि आप अपने पास उचित धनराशि रखें।
खेल खिलौने खरीदने के लिए विवरण नीचे दिए गए हैं:
48 खिलौने का विवरण:
- खिलौने की वस्तुओं की संख्या 5
- खिलौने की लोडिंग चार्ज 1
यह विवरण आपकी समझ में आया?
कृपया जल्दी खरीदें।
धन्यवाद।
Please let me know if you need any further assistance.
From India
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Here is the corrected and formatted text:
खिलोने खेलने के लिए बच्चों को खुद को संयमित रखने की आदत डालने में मदद कर सकती है। खेलने से बच्चों को संयम और ध्यान की आवश्यकता होती है जो उनके विकास में मदद कर सकती है। खेलने से उनके शारीरिक और मानसिक स्वास्थ्य को भी बेहतर बनाए रखने में मदद मिल सकती है।
अधिक जानकारी 2000 में जारी की जाएगी।
खिलौने प्राप्त करने की अंतिम तिथि 59 है। धन्यवाद।
खिलौनों को खरीदने के लिए महत्वपूर्ण है कि आप अपने पास उचित धनराशि रखें।
खेल खिलौने खरीदने के लिए विवरण नीचे दिए गए हैं:
48 खिलौने का विवरण:
- खिलौने की वस्तुओं की संख्या 5
- खिलौने की लोडिंग चार्ज 1
यह विवरण आपकी समझ में आया?
कृपया जल्दी खरीदें।
धन्यवाद।
Please let me know if you need any further assistance.
From India
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Dear Member,
As you mentioned that the company's leave rules are silent about the inclusion/exclusion of weekly off/holiday, then, as pointed out by yourself, the Factories Act will become the guideline. Therefore, weekly off/holidays should not be counted in the earned leaves taken.
The case you have described is a clear violation of the provisions of the Factories Act. To clarify it more, can you please share what happens if the following situation occurs:
Overtime worked in a week, and leave taken in the next week.
Regards,
Preetam Deshpande
From India, Mumbai
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As you mentioned that the company's leave rules are silent about the inclusion/exclusion of weekly off/holiday, then, as pointed out by yourself, the Factories Act will become the guideline. Therefore, weekly off/holidays should not be counted in the earned leaves taken.
The case you have described is a clear violation of the provisions of the Factories Act. To clarify it more, can you please share what happens if the following situation occurs:
Overtime worked in a week, and leave taken in the next week.
Regards,
Preetam Deshpande
From India, Mumbai
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would like to reply your both question in light of section 79 & 80 of Factories which clear provide solution to your both problems-
1. If an employee takes earn/sick leaves for certain period, will the weekly off day or any holiday during the leave period(in between) will be counted as leave. If yes/no, then what is the reason behind it. Our leave rule is silent in this matter.
Ans-
Explanation 2 appended to Section 79 priscribe as below-
"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."
This is clearly specifies that the leave provided by Factories Act are exclusive any other holidays, means the holiday falling in between the period leave taken by worker shall be counted as leave.
2. If an employee takes an earn/sick leave in a week and the said employye does any overtime in that week, our management is deducting overtime hours from the overtime done in that week. Is our management's activity justified or violates the factory act 1948? Our corporation's rule is silent in this matter.
Kindly go through the section 80 carefully which is reproduced below-
"80. Wages during leave period.—(1) For the leave allowed to him under 1[section 78 or section 79, as the case may be,] a worker 2[shall be entitled to wages] at a rate equal to the daily average of his total full time earnings for the days on which 3[he actually worked] during the month immediately preceding his leave, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the worker of foodgrains and other articles".
the above section cleary specify that the wages for leave day shall be exclusive of overtime, means thereby the employee for the day on which he was on leave shall entitled for full day wages without any deduction or whatsoever in addition to the overtime payment entitlement.
in veiw of above provision put forward your managements action is unjustified. However clause 8 of section 79 of the Act provide that the employer in consultation with works committee and worker representative can formulate leave policy for the worker so as the continuty of work should not hamper but that shall be subject to approval from Chief Inspect of Factories, Can a policy can not be against provision of Act.
Regards
From India, Delhi
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1. If an employee takes earn/sick leaves for certain period, will the weekly off day or any holiday during the leave period(in between) will be counted as leave. If yes/no, then what is the reason behind it. Our leave rule is silent in this matter.
Ans-
Explanation 2 appended to Section 79 priscribe as below-
"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."
This is clearly specifies that the leave provided by Factories Act are exclusive any other holidays, means the holiday falling in between the period leave taken by worker shall be counted as leave.
2. If an employee takes an earn/sick leave in a week and the said employye does any overtime in that week, our management is deducting overtime hours from the overtime done in that week. Is our management's activity justified or violates the factory act 1948? Our corporation's rule is silent in this matter.
Kindly go through the section 80 carefully which is reproduced below-
"80. Wages during leave period.—(1) For the leave allowed to him under 1[section 78 or section 79, as the case may be,] a worker 2[shall be entitled to wages] at a rate equal to the daily average of his total full time earnings for the days on which 3[he actually worked] during the month immediately preceding his leave, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the worker of foodgrains and other articles".
the above section cleary specify that the wages for leave day shall be exclusive of overtime, means thereby the employee for the day on which he was on leave shall entitled for full day wages without any deduction or whatsoever in addition to the overtime payment entitlement.
in veiw of above provision put forward your managements action is unjustified. However clause 8 of section 79 of the Act provide that the employer in consultation with works committee and worker representative can formulate leave policy for the worker so as the continuty of work should not hamper but that shall be subject to approval from Chief Inspect of Factories, Can a policy can not be against provision of Act.
Regards
From India, Delhi
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Factories Act 1948 Leave Rules.jpg
FACTORIES ACT-leave rules.doc
Model Rules Under the Factories Act-1948.pdf