Apex Management
Labour Laws Consultants
ANURAG LAKHOTIA
Practicing Advocate
Rajesh Kumar Dubey
Manager - Hr
+1 Other

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Please let it me know about the leave wages rules please
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Pls complete ur question
Under Which Act U or UR orgnisation registered
On which point u have doubt which u want to clear
Why u are asking such incomplete question which have no head or tail
This Forum is specially for discussion and doubt clearance or seeking advice on any vibrant issues
Do Ur Home Work first
Leave rules are different under factories act, shop and establishment act, working journalist act, sale promotion employee act... So what is required is to look into under which category the business fall.
Anurag Lakhotia
Lexlabour.com
We are from garments industry its located at Tamilnadu.

here 1900 Employees are worked. Some people were left during their service with out information.

But we are giving their E.L and Bonus through bank Account and also intimate the same to them through letter.

My doubt is,

Examble : 1. If some one joined 01.01.2016 and left on 01.04.2016

Working days = Jan-23

Feb-21

Mar -19

Total = 63 days = We give E.L 63/20 = 3 Days X Per day wage.

Iam clear in this examble.

But My doubt is,

If some one joined 01.01.2016 and left on 01.04.2016

Working days = Jan-20

Feb-18

Mar -17

Total = 55 days . He is not eligible to getting avail able. Because he has to work 2/3.

This is my point. But our senior manager told me this is not right. If some one left their service we do not keep the 2/3 rules.

We have to give like total worked days / 20 X per day wage. For examble he said 55/20 = 2.75 = 3 days X per day wage.

I argue with him, but he is not agree with my statement and also scolding me and also so the Factories act statement.

So dear experts please provide that rules copy. Because i have to proove.

So please let it me know seniors.

Regards

P.Ponmurugapandiyan
Dear P.Ponmurugapandiyan,
Your above example of calculation is absolutely correct. While a person works during the whole calendar year, his actual working should not be less then 240 days and in other cases 2/3 working is required to qualify for earned leave.
P K Sharma
Dear Sri Consultancy,
Your above observation "You get one earned leave for every 15 working days in a year " is wrong. Can you clarify or refer the relevant section or rule please. As per factories act one leave after 20 working days is admissible.
One can allow over and above to the applicable norms which is a separate issue but while giving expert advise, we are not supposed to quote misleading information.
P K Sharma
Dear All,
i am confused regarding 2/3 working.
assume employee joined on 17/8/2015 his working days is as follow....
august... 15 days
september..30 days
october.... 31 days
November... 30 days
December...31 days
his total working days is 137 days inclusive weekly off and National & festival off in calender year 2015
pls tell me how to calculte 2/3 working to check the eligibility for Earned leave,
Thanks,
Akhil
Just check section 79 of factories Act. You may google it also. It takes care of all the issues related to earned leave. If still any doubt persists you may put it here.
There is no encahsnent provision in factories act.
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