Nagarkar Vinayak L
Hr Consultant

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Hi Friends, I am Paranitharan - HR Manager. I would appreciate if you could clarify regarding eligibility for Earned leave for excluded employees as per Factory Act. My question is - whether Excluded employees are eligible for Earned Leave.
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Factory act / shop & establishment act does not contain any definition as excluded employees, they have mere count of manpower / man-days and on that basis the rules get applicable
Yes they are entitled to earned leave.
R R Kapoor
Dear Colleague,
Factories Act provides for employees holding ,"Confidential positions " and the designations of such persons are also given. But there is no category as Excluded employees. You can either give same quantum of earned leaves to them or choose to better it.
Vinayak Nagarkar
HR- Consultant
Who they may be but eligible for earned leave as per their attendance during the calender year or the leave policy of the establishment.
Dear colleague,
While in agreement with all learned colleagues, Under employees PF , scheme there is a category terms as "Excluded mployees". They are out of PF coverage due to either superannuated or they fall in PF trust of a company managing PF through trust .The terms of leave, working hours, leaves etc for any one engaged as retainer, adviser can be suitably signed off in between such personnel and employer distinctly as individual specific where leave provision can differ. However, all other employees are entitled to PL/EL subject to eligibility criteria laid under Factories Act, 1948.
RDS Yadav
Director, Future Instt. of Engg and Management Technology
Labour Laws Adviser
Navtarang HR Services

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