Umakanthan53
Labour Law & Hr Consultant

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Hi, I'm working in XXX Pvt Ltd, Ahmedabad, Gujarat. For the initial one year, our HR did not give us any kind of leave benefits. She said that its a company rule. She got our signatures on a piece of paper stating the same thing. Very smartly, she misguide us. Now, after one year we have 12 paid leave, 4 CL and 4 medical leave. My question is that 4 medical leaves is not enough. Also, there are no other benefits like insurance, etc. We are working in a manufacturing facility, where accident can happen at any time. There is no clean space for lunch and no clean toilets.

Dear friend,
Since the establishment is a manufacturing facility, it is a factory coming under the Factories Act,1948. As per the Factories Act,1948, the only leave available to the workers is the Annual Leave with Wages calculated on the basis of one day for every 20 days worked in a year to be availed of during the succeeding year. Your mention about the other kinds of leave might be as per the organization's Leave Policy. If you feel aggrieved about their quantum as well as the lack of facilities you mentioned, it is better to make a joint representation to the management or raise a dispute through your trade union or make a complaint to the Inspector of Factories as the case be. If any employment accident happens in the factory during the course of your employment, the employer is liable to pay compensation under the Employees Compensation Act,1923. Therefore, it is for the employer to take employees compensation insurance policy from the LIC of India.

From India, Salem
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