Dear Learned People, I am providing security services to an organization where we have deployed 20 guards. We are paying these guard leave as per the S&E. We are submitting a monthly invoice to the client against the services rendered. When revision in the MW was notified by the government we approached the organization for revision in the unit rates. Now the HR of the organization is saying that as we are treating these security guards as daily wage earners so will not pay the leave as per S&E.
Please help us understand that our daily wage earner not eligible for leave under S&E if the same person is working at the site on monthly basis.

From India, Moradabad
Labour Law & Hr Consultant

Dear Rajan, What is the basis of the minimum wages fixed by the State Government - daily rate or monthly rate?
From India, Salem
Dear Sir, It is on montly basis for 26 days.
From India, Moradabad
Dear Rajan,
The contention of the HR is completely wrong in view of the provisions of the CLRA Act,1970 r.w the provisions of the State S&E Act. CLRA Act,1970 does not have provisions pertaining to working conditions like working hours, weekly Holiday etc. They would be automatically covered by the relevant provisions of the establishment-specific law applicable to the PE's establishment where the contract labor is required to work. So far as the working conditions are concerned it is immaterial whether the PE is registered or the contractor is licensed under the CLRAA.
So far as any S&E is concerned, the 7th day following 6 days work shall be a paid holiday. Even, the minimum wages fixed under the MW Act,1948 covers the weekly Holiday wages. Therefore, if a person employed, whether he be a regular employee or a contract labor, is required to work on a holiday he should be paid wages for that day at overtime rate and in addition a substituted holiday shall be allowed to such employee. Better request the HR to go through the entire provisions of rule 23 of the Minimum Wages (Central) Rules,1950.
Certainly, the mode and the periodicity of payment of wages OR switching such employee's services among different types of the same PE's establishment cannot have any impact on the grant of weekly Holiday or weekly day of rest to an employee who has worked for 6 consecutive days in a week. Write back politely to the HR highlighting the provisions of the above Rule 23 and request his immediate compliance from now onwards.

From India, Salem
The guards deployed by you in the establishment of the employer are eligible for the leave in both the cases. The HR people are wrong and what they are saying, is their own concept but not the rule. The daily wager's are eligible for leave @ 1 day per 20 working days.
From India, Mumbai
Thank you for the reply to my query.
From India, Moradabad

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