Elizabeth Surekha
Hi, is there any specific leave policy for part time employees?
From India, Chennai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Saswatabanerjee
Partner - Risk Management
Rkn61
Hr Manager
Nanu1953
Ceo-usd Hr Solutions
Elizabeth Surekha
Career Coach And Career Counsellor

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rkn61
573

To my knowledge, leave of any kind is applicable to only Full-time employees.
From India, Aizawl
Suresh Rathi
82

We have part time employees.
We have devised leave entitlement based on number of hours of employment.
For example a full time employee is entitled to 1 day CL, we give 1/2 day CL as the part time employee is required to work only for 4 hours a day.
Similarly EL are also half of the other employees.
These are mentioned in their appointment letter.
Col.Rathi

From India, Delhi
nanu1953
288

There should be some leave plan for Part time employees also. What Col. Rathi has posted is interesting and innovative approach.

One may think on the basis of either Factories Act or S & E act as applicable - 50% leave entitlement as per act or any other innovative idea.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531

USD HR Solutions – To Strive towards excellence with effort and integrity

From India, New Delhi
saswatabanerjee
2355

The leave rules for full and part time employees is the same as it will be covered by Factory Act / Shop & Establishment act and the relevant Standing Orders.

While the leaves are the same, the applicability will be in line with the number of hours they work.

So if he gets 1 day for every 20 days worked, in case of full time employee he gets a full day leave and the part timer gets leave of the hours he normally works. In effect, he also gets the full day as he was only required to work those many hours.

From India, Mumbai
Suresh Rathi
82

Request Mr.Bannerjee to quote relevant rule Col.Rathi
From India, Delhi
umakanthan53
5943

To my knowledge, all the Indian Labor Laws define a person employed under another as an employee only and therefore an employee required to work on part time basis based on either the nature of the work or the convenience of the parties falls within the ambit of the definition of the term which presupposes the existence of a contract of service either implicit or explicit. In this connection, I shall quote the judgment of the hon'ble Supreme Court of India in New India Assurance Company Ltd. V A.Sankaralingam // (2008) 10 SCC 698//.

The term " part time " denotes that the employee is at the disposal of the employer in connection with his employment to a mutually predetermined limited time only. Hence the salary or wages would only be proportionate to the limited working hours. It would imply that the benefits of employment that can be quantified would also be on prorata basis only.

From India, Salem
Suresh Rathi
82

Dear Mr.Umakanthan.M, Thanks for your reply and clarification . We are following this method only , as stated in my post. Regards, Col.Rathi
From India, Delhi
saswatabanerjee
2355

Col.Suresh Rathi

I think Mr, Umakantha has explained the point, which you were asking me to give the rules.
I can still give the sections, etc for it if you need. It is always a good exercise when someone wants details. we all learn from it

From India, Mumbai

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