KK!HR
Management Consultancy
Suresh2511
Labour Consultant
Mugdha Vanjari
Hr Manager

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Hello Seniors, If an employee works for 237 or 238 days in a year is he eligible for EL?
From India, Pune
Section 79 of the Factories Act 1948 makes it mandatory for a service of 240 or more working days for entitlement to Annual Leave with Wages. But this stringent criteria can be diluted depending on the company policy.
From India, Mumbai
Dear Mugdha,
While agreeing with Mr.KK!HR, I have to state that employer should be always at the giving end and be magnanimous in considering the negligible points like shortfall of one or two days in giving a benefit.
I don't think it is very difficult to convince the Management in these cases which would be very less in a year.

From India, Hyderabad
If a workman actually worked for 237 working days and availed Sick Leave, Earned Leave during the calendar year for more than 3 days, he/she meets the criteria of working 240 days and thus eligible for earned leave, otherwise not. However, the absenteeism is due to sickness, accident and or some unavoidable circumstances, normally management consider such cases on humanitarian ground.
Suresh

From India, Thane
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