Dear Saswata Sir
as you mention in above post that 20 days work (Including Weekly Off, Paid Holiday, and approve leave),
i think 20 days work = 01 EL (20 days means 20 days working, not including weekly off, paid holiday, approve leave)
please suggest if i am wrong.
From India, Dehra Dun
24as you mention in above post that 20 days work (Including Weekly Off, Paid Holiday, and approve leave),
i think 20 days work = 01 EL (20 days means 20 days working, not including weekly off, paid holiday, approve leave)
please suggest if i am wrong.
From India, Dehra Dun
No law prevents you from clubbing of leaves. But the same is to be permitted under special circumstances and by & large, with pre-approval.
From India, Mumbai
From India, Mumbai
In the first place, provisions of the Factories Act shall be applicable to the workers of the factory.
Secondly, There is no system of taking permission from the judiciary.
Thirdly, you can formulate the policies and guidelines for Managers and put them as terms and conditions in the Appointment letter being issued.
Regards,
From India, Delhi
Secondly, There is no system of taking permission from the judiciary.
Thirdly, you can formulate the policies and guidelines for Managers and put them as terms and conditions in the Appointment letter being issued.
Regards,
From India, Delhi
Factories act says :
Sec 79. Annual leave with wages
(1) Every worker who has worked 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 :-
* if an adult, one day for every twenty days of work performed by him during the previous calendar year ;
* if a child, one day for every fifteen days of work performed by him during the previous calendar year.
Explanation1: For the purposes of this sub-section :-
* any days of lay-off; by agreement or contract or as permissible under the standing orders;
* in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks;
* andthe leave earned in the year prior to that in which the leave is enjoyed;
shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.
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.
So, paid holidays and approved leave is counted in days worked. Since the worker needs to be paid for weekly off, as per factory act and payment of wages act, that also is to be counted as worked.
From India, Mumbai
Sec 79. Annual leave with wages
(1) Every worker who has worked 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 :-
* if an adult, one day for every twenty days of work performed by him during the previous calendar year ;
* if a child, one day for every fifteen days of work performed by him during the previous calendar year.
Explanation1: For the purposes of this sub-section :-
* any days of lay-off; by agreement or contract or as permissible under the standing orders;
* in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks;
* andthe leave earned in the year prior to that in which the leave is enjoyed;
shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.
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.
So, paid holidays and approved leave is counted in days worked. Since the worker needs to be paid for weekly off, as per factory act and payment of wages act, that also is to be counted as worked.
From India, Mumbai
Sir 01 day Leave= 20 days working my question is:- 20 days working including weekly off, Holiday, Festivals or excluding the same. kindly clarify .
From India, Dehra Dun
From India, Dehra Dun
Dear Anuj,
20 days of working would included Weekly off, Holidays & Festivals.
"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.
So, paid holidays and approved leave is counted in days worked. Since the worker needs to be paid for weekly off, as per factory act and payment of wages act, that also is to be counted as worked."
Reg,
Arjun Pandav9
From India, Mumbai
20 days of working would included Weekly off, Holidays & Festivals.
"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.
So, paid holidays and approved leave is counted in days worked. Since the worker needs to be paid for weekly off, as per factory act and payment of wages act, that also is to be counted as worked."
Reg,
Arjun Pandav9
From India, Mumbai
Dear Mr. Arjun,
I doubt leave can be earned on the days not physically worked.
Of course, for computation of eligibility of 240 days, all the off days, paid leave etc. can be taken in to account. The relevant provision of the Factories Act has already been posted by our respected member Mr. Saswat Banerjee.
Please advise.
Regards
T M Rao
From India, Jamshedpur
I doubt leave can be earned on the days not physically worked.
Of course, for computation of eligibility of 240 days, all the off days, paid leave etc. can be taken in to account. The relevant provision of the Factories Act has already been posted by our respected member Mr. Saswat Banerjee.
Please advise.
Regards
T M Rao
From India, Jamshedpur
Sir,
There is no statutory position / Act for the leaves of CL and SL.
For the PL there is a statutory provision in Factories Act.
The PL procedure is also envisaged in the Act clearly.
As such the CL and SL can be clubbed. The PL also can be clubbed in continuation of CL and SL as per the decision of management in the interest of employee facility and for their cooperation. . There is no hard and fast rule.
D.Gurumurthy
HR,LL,IR Consultant
Hyderabad.
From India, Hyderabad
There is no statutory position / Act for the leaves of CL and SL.
For the PL there is a statutory provision in Factories Act.
The PL procedure is also envisaged in the Act clearly.
As such the CL and SL can be clubbed. The PL also can be clubbed in continuation of CL and SL as per the decision of management in the interest of employee facility and for their cooperation. . There is no hard and fast rule.
D.Gurumurthy
HR,LL,IR Consultant
Hyderabad.
From India, Hyderabad
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