Boss2966
Industrial Relations
Essykkr
Statutory Complaince/labour & Employment
+2 Others

Please any one can help me by answering my following queries?
I am an employee of a public sector undertaking.
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.

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.
regards,
tapan

From India, Haldia
Dear Tapan
If the Sunday / Weekly Off or Holidays falls in between the leave period then the Holidays/Sundays/Weekly Off cannot be considered and that day also will be counted as leave only.
As a matter of fact one has to work for 48 hours in a week and maximum of 9 hours duty in a day. As per that, if you avail 1 day leave in a week then in the left our 5 days you will work for 45 hours as normal work and in excess of that will be considered as OT with double OT. (for 40 hours 5 days wages will be paid and 5 hours will be paid with Single OT and in excess of that will be paid with double OT).
Hope your querries are cleared. In case of any further querry please do not hesitate to ask in this forum.

From India, Kumbakonam
Dear Bhaskarji,
I have read in some cases that 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 only deducting 1 hr single pay of per overtime done in that week irrespective of no of leave in that week.

regards,

TAPAN

From India, Haldia
तपन जी मैं इस डिस्कशन को आगे बढ़ाना चाहूँगा -

अगर लीव पर रहने पर वेतन नहीं कम होता तो ओवरटाइम क्यों । अगर वेतन कम नहीं हुआ तो इसका मतलब सप्ताह पूरा हुआ ।

मिनिमम वेज एक्ट 2000 सेंट्रल में या कारख़ाना अधिनियम में ओवरटाइम में इस प्रकार या किसी प्रकार की कटौती के लिए नहीं लिखा गया है ।

ओवरटाइम डबल रेट से देने के लिए धारा 59 में लिखा है की अगर कोई कर्मचारी 9 घंटे (जनरल शिफ्ट ) से ज्यादा के लिए काम करता है तो उसे डबल रेट से भुगतान किया जाएगा ।

फिर या 48 घंटे से अधिक के लिए काम करता है तो उसे डबल रेट से मजदूरी पाने का हकदार होगा ।

हमारे आपके कार्पोरेशन में दो तरह के कर्मचारी काम करते हैं 1 जो 48 घंटे काम करते हैं 2 जो 36 या 42 घंटे काम करते हैं ।

48 घंटे काम करने वाले का O T 208 से डिवाइड कर निकाला जाता है और 36 घंटे वाले का शायद 156 ।

आप खुद सोचें अगर कोई कर्मचारी 5 दिन लीव पर रहता है और 1 दिन O T करता है उसका 1 घंटा सिंगल होगा और दूसरा कर्मचारी 1 दिन लीव पर रहता है और 5 दिन O T करता है उसका 5 घंटा सिंगल होगा ।

क्या यह न्यायोचित है ।

Holiday के Against भी यही नियम लागू किया जा रहा है । क्या हमने कहा की holiday के दिन कंपनी बंद रखो ।

बरौनी रिफ़ाइनरि में यह कटौती नहीं होती है , फिर एक कार्पोरेशन में दो नियम क्यों ? मेरे पास इसका प्रमाण है ।

From India
Dear Member
1. As you mentioned that the company leave rules are silent about the matter of inclusion / exclusion of weekly off / holiday then , as pointed out by yourself, factories act will become the guideline and therefore weekly off / holidays should not be counted in the earned leaves taken.
2. The case you have described is a clear violation of the provision of the factories act. To clarify it more can you please share what happens if the following situation happens :-
Over time worked in a week, and leave taken in next week.
Regards
Preetam Deshpande

From India, Mumbai
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


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