Industrial Relations And Labour Laws
Taxation And Hr
Rajesh Kumar Dubey
Manager - Hr
This is with reference to your query...
For the purpose of computing 190 days or 240 days as the case may be, the following days have to be included.
1. Sundays and Holidays for which the workmen is paid.
2. Period of Lay-off
3. Period of earn leave with the full wages.
4. Maternity Leave Period
5. Absence of temporary disablement due to Accident.
Ref: Industrial Disputes Act, 1947
21st September 2016 From India, Mumbai
Pl. brief in detail against point No. 1.
In Monthly salary structure Sundays or Weekly holidays are considered as Paid weekly off.
Wherein in Per day structure payments are made for working days. In other way, those employees are not getting paid weekly off.
In such case what is the way of consideration.
Thanks in advance
21st September 2016 From India, Pune
"(i) one hundred and ninety days, in the case of any employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
(ii) two hundred and forty days, in any other case"
In (i) there is no need to add this:
"or in an establishment which works for less than six days in a week."
It should have been omitted...
26th September 2016 From India, New Delhi
This is what I meant to say. If weekly off (sunday) is included then why the provision of 190 days for those who works only 5 days in a week. It should have been 240 days.
If the legislature has mentioned 190 day for those who works for 5 days, the only intention was to exclude weekly off from the calculation
14th February 2018 From India, New Delhi
Would you please update me the following:
1. Is this mentioned any where in the law that paid sundays/weekly offs will be considered for 240 days.
2. Secondly, as you have mentioned "This is relevant for daily rated employees who are paid only for the days they work" Now, suppose in a 6 day working establishment we hire employees on daily rated then their only the working days (excluding weekly offs) will be considered for 240 days whilst in case of monthly rated employees all the days (including weekly offs) will be considered. They in this case is this not the injustice to the daily rated employees. Monthly rated employees will soon complete their 240 days in 8 months on the other hand the daily rated employees will complete their 240 days in 9 months (240/26 days).
Please explain why the legislature has been mentioned 190 day in the law for those who works for 5 days when the weekly offs are included.
28th February 2018 From India, New Delhi
The concept of 190/ 240 has no relevance to regular workers because for them a year means 365 days. They may get salary for all the 30/31 days in every month with the exception of a few days LOP. But for a daily rated worker, the days physically present is the days counted as service. Their engagement itself is a flexibility arrangement. If you need a person to do a work which is not regular in nature, you cannot afford to employ one in your permanent rolls and keep the person on bench whenever there is no work. In such situation, you can engage workers on a daily rated basis and pay their wages on each day or for a convenience at he end of each spell. If your establishment work only for 5 days, your daily rated worker can work only for a maximum of 5 days only per week. As such he will get lesser days when compared to another worker who is engaged by an establishment which work for 6 days in a week. When it comes to terminal benefits, there should be some difference in treatment and accordingly the law has taken a stand that an establishment which work for 5 days a week should be paying its workers gratuity if they had worked for 190 days only.
Also see that 190 days principle applies to employees in mines who work below the ground. This is because working below the ground is rather difficult than working above the ground and therefore, a differential treatment has been given to them that they need to complete only 190 days to make their one year continuous.
There is no practice of taking each 190/ 240 days and putting it one after another. Therefore, completing the 190/240 days in 8 months or 9 months is immaterial. We have to take the date of leaving service first, then take the days backward and ensure that in each year whether the employee has worked for 240/190 days in each year of 12 months.
28th February 2018 From India, Kannur