parimal564Dear Pratik, Yes he will be eligible for proportionate leave. It is clearly stated in Factory Act. Best regards Parimal
From India, Ahmadabad
firstname.lastname@example.orgEvery 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 - (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 formed by him during the previous calendar year.
Explanation 1 : For the purpose of this sub-section - (a) any days of lay off, by agreement or contract or as permissible under the standing orders;
From India, Shimla
If you are HR, it is reasonably expected of you by people to know the subject relating to HR.However it is not wrong to not to know every thing.Therefore do not be apologetic about ignorance but make efforts to know things by yourself by reading relevant material and getting guidance from seniors.Now, it is not known whether your establishment is a commercial establishment or a factory. It is also not known whether you have a leave policy in place in your establishment and if so what it stipulates about leave encasement.However the Shops & Establishment Acts usually ( which is a State Act and may vary from State to State) and Factories Act provide for encashment of leave on discharge/resignation/termination of an employee from service and your policy shall conform to the statutory provisions at the minimum of the benefits.however your leave policy can provide more beneficial terms than under the relevant Act.
From India, Mumbai