sudhir.shirsath
1

HI,
An employee joined in staff category and was on probation period. His performance was poor therefore Management extended his probation for further 6 months. Again his performance was examined and found poor and therefore extended his probation period for 6 months. An employee frustrated and left the organization after serving 1.6 months.

During the probation period he did not give PL (EL) as per the rule but he left the company after having 3 time extension of his probation period that time he did not get EL at least of the extended period.

My question is that during any kind of extended probation period, can an employee is eligible for EL for the period he worked on the extended probation period.

please guide.

From United States, Southfield
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Advocate Prem Chanda Yadav
Silvassa. Www.lawglobalhr.com

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Advocate Prem Chanda Yadav
10

If his paid days comes under EL/PL criteria than he is eligible for it. In factory act 1948, minimum worked day is 240 days.
From India, Mumbai
sudhir.shirsath
1

Great and thank you sir. it means No matter he is on probation or Not but he has to complete his 240 days and he will be eligible for EL even though he has been extended probation period for 2 times.
From United States, Southfield
umakanthan53
5943

Dear Sudhir,

EL or PL or Annual Leave with Wages as called u/s 79 of the Factories Act,1948 is an accumulative leave calculated on the basis of the number days worked by the employee during the preceding 12 months period with reference to the date of reckoning subject to the condition of such days being 240 in aggregate. In other words it is a leave enjoyable for the first time after completion of one year or 12 months service and afterwards. The employer is bound to pay wages for the total number of days of such leave at the credit of the employee on the date of termination of his employment for whatever reason. This is the legal position under any law providing such a particular leave benefit.

Now, coming to your query under this back drop, the answer would be an emphatic ' YES 'only. The right to earn EL is based on the no of days service rendered only and not on the status of employment like probationer or probationer under extended period of probation or permanent or fixed term contract employee etc.

From India, Salem
Advocate Prem Chanda Yadav
10

yes he is eligible in your case sir.
From India, Mumbai

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