Labour Laws Consultants
Rajesh Kumar Dubey
Manager - Hr
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20th July 2016 From India
20th July 2016 From India, Delhi
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
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
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.
21st July 2016 From India, Madurai
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
22nd July 2016 From India, Delhi
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
23rd July 2016 From India, Delhi
i am confused regarding 2/3 working.
assume employee joined on 17/8/2015 his working days is as follow....
august... 15 days
october.... 31 days
November... 30 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,
23rd July 2016 From India, Gurgaon