Anonymous
Hi, My previous company in full and final not paid my Privileged leaves saying that you have resigned within a year, hence not eligible for the same. Please let me know is this as per the law or shall I take any action. I read one has to complete 240 days in a year. Please guide
From India, Delhi

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Yes, the statutory provision is that after putting in one year of service, during the next calendar year one earns one day's leave for every twenty days worked. Section 79 of the Factories Act 1948 provides that every worker who has worked for a period of at least 240 days or more or more in a factory during the calendar year shall be allowed during the subsequent calendar year at the rate of one day with wages for every twenty days worked in the case of adults. Section 79(2) states that if a worker's service commences otherwise than on the first day of January, such worker shall be entitled to leave with wages at the rate laid down in clause (i) or, as the case may be, clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calendar year.
So, if you have worked for 2/3rd of the remaining working days after you had joined any time during the previous calendar year, you will be entitled to leave at the rate of 1:20 for the days worked in the subsequent caleandar year .

From India, Mumbai

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