Hi,
EL is calculated according to the physical presence in the Factory (1 day leave for 20 days present in the factory)
If some workers are present in the factory for Overtime( they are getting additional benefits ie., double wages for it) and they are marking attendance on those sundays/ holidays.
My question is whether this sundays/ holidays on which workers present in the factory be considered as present days and eligible for the calculation of EL
19th January 2019 From India, Kochi
Section 79. Annual leave with wages.—
(1) Every worker who has worked for a period of 240 days or more in a factory 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—
(i) if an adult, one day for every twenty days of work performed by him during the previous calendar year
Whether they get overtime for certain days of presence does not make any difference as it is a day of work and presence by worker.
19th January 2019 From India, Pune
No they will not be eligible for calculation of EL
R R Kapoor
20th January 2019 From India, Vadodara
No they are not eligible. They are already getting double payment for ot
21st January 2019 From India, Kolkata
Sunday/Holiday working and marking presence on such days are not working days for the factory and as such these days are not included in the working days for calculations of Leave under the Factories Act, 1948.
If this is accepted, then what would be the case when a worker work on Overtime in the next shift of the same day. Such Overtime days are not again counted for leave purpose because these are extra working.
M.A.KULKARNI
21st January 2019 From India, Mumbai
Every worker who has worked for a period of 240 days or more in a factory 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—
(i) if an adult, one day for every twenty days of work performed by him during the previous calendar year
Whether they get overtime for certain days of presence does not make any difference as it is a day of work and presence by worker.
27th January 2019 From India, Rohtak
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