Nathrao
Insolvency N Gst Professional
Srinath Sai Ram
Hr Manager
Dinejaan
Service

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Please clarify on the paid leave
1. Paid leave to be paid only on Basic Salary
2. While calculating the paid leave - Leave Without Pay days to be reduced to arrive the correct paid leave
3. Paid leave to be paid only after completion of one year
4. Paid leave to be paid seperately and not to include in Regular salary as all other allowance is included in the payroll
Awaiting for your comments.
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1. Paid leave to be paid only on Basic Salary - Will depend upon company policy.
2. While calculating the paid leave - Leave Without Pay days to be reduced to arrive the correct paid leave - Yes LWP need to reduce to calculate Paid Leaves
3. Paid leave to be paid only after completion of one year - As per new amendment in Factories Act after 03 months working employee will be entitled for Paid Leaves
4. Paid leave to be paid seperately and not to include in Regular salary as all other allowance is included in the payroll - Till accumulation limit is not reached you can not en cash paid leaves
Thanks Mr.Prashant. Point No.4 - What is the accumulation and Accumulation limit? When emploee can encash the leave?
If the staff is completing only 6-7 months service - How many days leave accumulation?
As the Paid leave is paid on basic salary - This will be paid seperately and not with payroll.
Thanks
Dear Dinejaan, Please go through relevant Shops & Commercial establishments Act to get reply for all your questions.Leave Encashment, entitlement, Eligibility etc all will be as mentioned in the relevant Act.
Please clarify how paid leave to be paid only on Basic Salary, will it be in conformity with applicable Laws?
Chapter IV of Maharastra Shops and Establishment ACt 2017
LEAVE WITH PAY AND PAYMENT OF WAGES
(1) Every worker shall be allowed a weekly holiday with wages.
(2) Every worker shall be entitled to eight days casual leave with wages in every calendar year which shall be credited into the account of the worker on a quarterly basis, but shall laps if unavailed at the end of the year.
(3) Every worker who has worked for a period of two hundred and forty days or more in an establishment 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 one day for every twenty days of work performed by him during the previous calendar year.
(4) Subject to the provision of clause (3) every worker, who has been employed for not less than three months in any year, shall for every sixty days on which he has worked during the year be allowed leave, consecutive or otherwise, for a period of not more than five days.
(5) Every worker shall be permitted to accumulate earned leave upto a maximum of forty-five days.
(6) Where the employer refuses to sanction the leave under sub-section (3) which is due when applied fifteen days in advance, then the worker shall have a right to encash leave in excess of forty-five days:
Provided that, if a worker is entitled to leave other than causal and festival leave under this section, is discharged by his employer before he has been allowed the leave, or if, having applied for and having been refused the leave, he quits his employment on account of retirement, resignation, death or permanent disability, the employer shall pay him full wages for the period of leave due to him.
(7) A worker shall be entitled to eight paid festival holidays in a calendar year, namely, 26th January, 1st May, 15th August and 2nd October and four such other festival holidays as may be agreed to between the employer and the workers as per the nature of business, before the commencement of the year. For holiday on these days, he shall be paid wages at a rate equivalent to the daily average of his wages (excluding overtime), which he earns during the month in which such compulsory holidays falls:
Provided that, the employer may require any worker to work in the establishment on all or any of these days, subject to the conditions that for such work the worker shall be paid double the amount of the daily average wages and also leave on any other day in lieu of the compulsory holiday.
(8) For the purpose of sub-section (3),—
(a) any days of lay-off, by agreement or contract or as permissible under the model standing orders or standing order certified under Industrial Employment (Standing Orders) Act, 1946;
(b) in the case of a woman worker, maternity leave as provided for in the Maternity Benefits Act, 1961;
(c) the leave earned in the year prior to that in which the leave is availed; or
(d) the worker has been absent due to temporary disablement caused by accident arising out of and in the course of his employment,
shall be deemed to be days on which the worker has worked in any establishment for the purpose of computation of the period of two hundred and forty days or more, but shall not earn leave for these days.
(9) The leave admissible under this section shall be exclusive of all holidays whether occurring during or either at the end of the period of leave.
(10) Every worker shall be paid for the period of his leave earned under sub-sections (3) and (4) at a rate equivalent to the daily average of his wages for the days on which he actually worked during the preceding three months, exclusive of any earnings in respect of overtime.
All you queries are covered in these provisions.
Reference to original Acts are always helpful and will clear doubts.
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