Pragnaa HR Compliance Services
Pragnaa Shree Venture India Pvt. Ltd
Abhijit_Barua
Asst. Manager Compliance
Essykkr
Statutory Complaince/labour & Employment
+6 Others

Thread Started by #meeran.anwar@gmail.com

Dear All,
Peace be upon all of you, thanking you for your valuable replies.
The contract employees in Madurai are working in PSU(LPG Plant) under housekeeping and handling contract and they being paid by minimum wages act (Day salary).
What are the leaves applicable for the above said contract workers.
And also the leave calculation will come under which act.
13th July 2012 From India, Madras
Thanx for your prompt response Pragnaa,
Since the contract employees are getting salary through Minimum wages (present working day/month), So the shop & Establishment Act of TN also will applicable for them.
one more clarification
And clearly What are the labour laws acts will applicable for the above said contract employees who working under PSU in Madurai Tamil Nadu.
13th July 2012 From India, Madras
All the Social Welfare Legislation which are applicable to your direct workers, same shall be applicable to contractual workers also. there is no difference in terms of ESI/PF/Bonus/Gratuity etc being a direct worker or worker through the contractors.
13th July 2012
Hi,
Pls note the applicability of major allied Acts...
1) National & Festival Holidays Act
2) EPF / ESI Act
3) Employees Compensation Act
4) Labour Welfare Fund Act
5) Professional Tax Act
6) Maternity Benefit Act
7) Minimum Wages Act
8) shops & Establishment Act
Regards,
Pragnaa HRCS

13th July 2012 From India, Chennai
Dear Pragnaa HR Compliance Services, The said work place is registered under factories act, So, It will applicable Factories Act also right ? Thanx again for your help.
13th July 2012 From India, Madras
Dear meeran,
It is a under factory act 1948.
sectoin 79
Please follow the below instruction :
(1) Every worker who has worker for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of-
(i) if an adult, one day for every twenty days of work performed by him during the previous calendar year ;
(ii) if a child, one day for every fifteen days of work performed by him during the previous calendar year.
Thanks & Regards
Abhijit Barua
9804404138

14th July 2012 From India, Kolkata
Dear All,
Contract Labour Act 1970 is the independent act which governs the terms and condition of employment of contract labours, however there is no provision of leave & holidays given in the contract labour act, in that case leave rule will be applicable to these labour under which act the contractor has registered its firms, it might be registered uder shop and establishment act, in that case leave rules of shop and establishment will be applicable to these employees.
Thanks
Sunil Nipurte
14th July 2012 From India, Mumbai
Dear Mr.Anwar

Your establishment, if it is a factory as defined under the Factories Act, the workmen employed therein whether they are regular employees or are engaged through a contractor, are covered by the provisions of the Factories Act. According to the provisions of the Factories Act no adult worker could be required to work on the first day of the week(Section 52). That is they have to be given a weekly holiday. Apart from this provision every adult worker is entitled to annual leave with wages according to the scale prescribed under section 79 of the Factories Act. You say that the contract workers are paid according to the provisions of the Minimum Wages Act, Your post is not clear as to what is the employment under which you have brought them under the Minimum Wages Act. Please see the notification issued under the Minimum Wages Act for this employment. If this notification says that workmen employed in such employment are to be given weekly holiday with wages, then you will have to pay the wages for the weekly holidays allowed under the Factories Act. If your establishment is covered by the ESI Act, the contract employees will also get the benefit of such coverage.

With regards
14th July 2012 From India, Madras
Dear All
Shop & Establishment Act is applicable for Leave Calculation.
CL - 12 Days, SL - 12 days and PL - 12 days on completion of one year.
Anybody have notification for the above rules.
Regards
Rajesh
16th July 2012 From India, Surat
Dear Mr.Rajesh
The query of Mr.Anwar is with reference to employees working in a factory. Do you suggest that in their cases also the leave calculation has to be made under the Shops and Establishments Act.
With regards
16th July 2012 From India, Madras
Dear all,
Excellent discussion you all had. can anyone please specify that how CL, SL & PL are divided among the leaves available under Factories act & shop & establishment act. The CL, PL, SL are not mentioned in neither of these acts.
1st January 2013 From India, Akola
One more query regarding leaves:
Traditionally, in our factory, we have been giving leaves in the following manner to the staff (supervisory) cadre: 30 PL, 7 SL if covered under ESI else 12, 12 CL. Now, for certain flexibility in taking leaves, we want to change the leave policy and give 33 Consolidated Leaves (which will be working day leaves) and 7 SL if covered under ESI else 12.
The Model Standing Orders say that:
Casual and sick leaves should be provided to all workmen. CL more than 2 days cannot be taken. Medical certificate needs to be produced if more than 2 SLs at a stretch taken. PLs need to be provided as per Factories Act.
What is the rationale behind the above? And will there be a problem if we revise the leave policy since we are wanting to do it for the benefit of the employees?
3rd January 2013 From India
Dear Anwar,
You said----- The contract employees in Madurai are working in PSU(LPG Plant) under housekeeping and handling contract and they being paid by minimum wages act (Day salary). Right----
1. LPG Plant means factory it's come under the factory definition. that means contractual employees come under the factory act.
17th January 2013 From India, Kolkata
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