Industrial Relations And Labour Laws
Bhushan Dahanukar
Service - Hr Professional
Core HR
Recruitment Lead
+2 Others

Dear Sir,
I want to know, to avail one day Earned Leave one has to work every month or any month one will avail earned leave by working 20 days. is there any legal provisions that one has to work every month.
Thanking You

From India, Hyderabad
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From India, Coimbatore
Dear Ranjan Pal I did not understand what you are asking exactly. Pl tell me specific what you want Regards J.Mallesh 9346320105
From India, Hyderabad
Dear mallesh, First thing tell us, your orgn. covered under Factories Act or Shop & Establishment Act. Then we able to give answer. regs Bhushan
From India, Mumbai
Dear Bhushan, My company is under factories act,can you help me in making a leavr policy with mimimum leaves. Regards Sunaina
From India, Bangalore
During the initial year of service no leave is allowed under the Fcatories Act. In the subsequent year an employee will get leave at the rate of one day per 20 days worked in the previous year, that also, if he had actually worked for 240 days in that previous year. It is not like earning one day after every 20 days work and carrying it forward or availing it after every 20 days. The calculation is done after the closure of a calendar year and only those who have actaully worked for 240 days (days of holidays, weekly off , leave due to employment injury, lay off maternity leave days in case of women etc are taken as days worked for this purpose) only are eligible for such leave. It is called annual leave with wages/ earned leave.
Therefore, one who works for 230 days in the year 2007 who was laid off for 6 days and was on leave for temporary employment injury for 4 days will be eligible for leave in 2008. However, he will earn leave only for 230 days he had worked.

From India, Kannur
Dear Mr Madhu T.K. YOur post rearding Earned Leave is very clear and informative. When most of the post are not complete,yours is complete and based on solid ground.:) Regards Pratap M Kamble
From India, Pune
Dear Mr. Madhu,
We have received valuable info from you. Thank you.
Can you help for below question.
1. our company is start-up stage. we have only company registration. but not registerd under factories Act. we are yet to for registration. Mean while, shall we go for Leave policy approval. Is there any inter relation between Leave policy, appointment orders to employees and Factories Act. Please make me clarify this.

From India, Bangalore
Let the registration of your factory take place first. After that we will think of rules to be framed with regard to leave and other matters. If you expect to employ 100 or more employees you may have to frame a standing order in which you can detail the leave rules also. Standing Order is mandatory for those establishments employing 100 employees. In some states, it is 50 employees and even 20 ( I understand that in Assam n establishment employing 20 or more should have standing order of its own)

From India, Kannur
Dear Madhu,
As you explained for EL, it means any employee who works for 230 days exactly with 6 days lay off and with 4 days employment injury should be eligible for 12 days of EL for the next year. Is that the way we need to consider or do we need to consider more number working days he exactly worked (eg:- if employee was present 285 days then how shall we consider, do we still need to take only for 240 days as boundary mark). Please clarify me.

From India, Hyderabad

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