Can Part-Time Employees Take Earned Leave? Urgent Help Needed!

Hi All,

Is a part-time employee liable to take earned leave?

Please let me know... It's urgent.

Thanks,

Friend,

"A part-time employee cannot take earned leaves" because:
1. He is not giving his full work-time hours to the company.
2. The remaining hours are a production loss to the company.

Thank you.

Hi All,

I want to know if there is an existence of any labor act for part-time jobs. Can anyone provide this information, please?

Regards,
Venkatesh

Hi all,

Since there is no separate Labour Act for part-time jobs, all the acts/laws applicable to full-time employees will equally apply to part-time employees as well.

Regards,
Venkatesh

There are no labor laws or acts, but they can be included or provided by the company within its policy.

Hi All,

Is a part-time employee liable to take earned leave? Please let me know... It's urgent.

Thanks,
Sivas

The permanent employees are only eligible for earned leave, which is 1 day for every 30 days worked, once they complete one year of continuous service as per the Shops and Establishment Act 1947.

Regards, Sivas

Hi all,

I'm a new user on CiteHR. Can anybody help me understand the procedure for recovering amounts from employees?

Hi,

Part-time employees cannot avail Earned Leave (EL) because, generally, as per company rules, EL can be availed after the completion of probation or one year of service and after becoming a permanent employee of the company.

Vandana

Hi,
There may be some difference between Act and its application. Some times, the organizations deny genuine payments to its workmen and some other time allow unscheduled benefits.

But when it comes to eligibility we should go as per law only.

In this connection, I wish to draw you attention on a Judgment of Delhi High Court, dated.1st Aug. 2006.

Back ground of the case : A workman used to sweep ½ hr in an office for Rs.60/- pm since 1976. On his request the office manager, agreed to pay Rs.130/pm (during 1978) for additional work of dusting. So he was dusting and sweeping the office. He had also been doing the similar works in some other offices. Four months later, he was removed from his services, when he demanded as per Minimum Wages Act.

(Literally speaking, the workman was not under the control of any organization and was free to discontinue his job at his free will & please and hence he was not an employee of any organization. He was only a self employed.)

Decision of Labour Court: “The Labour Court held that a part time employee was covered by the definition of workman as given in section 2(s) of Industrial Disputes Act, and had awarded reinstatement with full back wages.”

“Delhi High Court considered that looking into the definition of section 2(s) and catena of judgments, a part time workman is equally a workman and is entitled for protection available to a full time workman.”
“The interest of justice will be served if he is paid a compensation of Rs.25000/-. The award of the Industrial Tribunal is modified and the respondent/workman be paid compensation of Rs.25,000/- in lieu of reinstatement and back wages. The writ petition is disposed of accordingly.”

Regards,
V. Mishra

Hi,
There may be some difference between Act and its application. Some times, the organizations deny genuine payments to its workmen and some other time allow unscheduled benefits.

But when it comes to eligibility we should go as per law only.

In this connection, I wish to draw you attention on a Judgment of Delhi High Court, dated.1st Aug. 2006.

Back ground of the case : A workman used to sweep ½ hr in an office for Rs.60/- pm since 1976. On his request the office manager, agreed to pay Rs.130/pm (during 1978) for additional work of dusting. So he was dusting and sweeping the office. He had also been doing the similar works in some other offices. Four months later, he was removed from his services, when he demanded as per Minimum Wages Act.

(Literally speaking, the workman was not under the control of any organization and was free to discontinue his job at his free will & please and hence he was not an employee of any organization. He was only a self employed.)

Decision of Labour Court: “The Labour Court held that a part time employee was covered by the definition of workman as given in section 2(s) of Industrial Disputes Act, and had awarded reinstatement with full back wages.”

“Delhi High Court considered that looking into the definition of section 2(s) and catena of judgments, a part time workman is equally a workman and is entitled for protection available to a full time workman.”
“The interest of justice will be served if he is paid a compensation of Rs.25000/-. The award of the Industrial Tribunal is modified and the respondent/workman be paid compensation of Rs.25,000/- in lieu of reinstatement and back wages. The writ petition is disposed of accordingly.”

Regards,
Venkatesh

Well, it is one day of earned leave for every 20 days worked. In that case, it's almost 15 days that an employee is eligible for a year. Companies are liable for this many days. They can opt for more than this but cannot provide fewer than this.

Part-time employees are essentially contract employees; as such, they are not entitled to earn leave.

Thank you!

Dear Mehavi,

The incidence of leave is not connected to the status of an employee, i.e., whether he is casual, part-time, full-time, etc. So, if a person is working part-time in a factory, he is eligible for leave as per statute. The same is applicable as per prevailing laws in other establishments.

Regards,
SC

Hi,

As the permanent employee gets earned leave, the same applies to contractor employees as well.

Deepak

Hello! Please note that 'Earned Leave' (Annual Leave) is a statutory entitlement that must be provided in accordance with the provisions of 'The Factories Act 1948' if your unit is a manufacturing unit covered under this act. If not, your unit should be covered under the 'Shops & Commercial Establishments Act' of the respective state. Both these Acts mandate the provision of 'Earned Leave' (Annual Leave) to all eligible employees on the 1st of January each year. The duration of the leave is determined by the actual attendance of the employee in the previous calendar year.

There may not be a separate provision for part-time employees (working at least 5 hours a day). However, I strongly believe that part-time employees are also entitled to the Annual Leave facility. In addition to the Annual Leave facility, every employee must be granted Casual Leave and Sick Leave as per the provisions of either the concerned 'Shops & Commercial Establishments Act' or the 'The Industrial Employment (Standing Orders) Act 1946' applicable to the organization. It is important to remember that the provision of leave is a statutory requirement under labor laws.

Friend,

According to the labor acts and rules, there are only two categories of employees - permanent and temporary. Even the part-time employees are to be paid the minimum wages prescribed for a full-time worker. ESI and EPF rules apply to them. So also the leave rules, i.e., 1 day holiday for every week. 12 days of EL after one year of service. Please go through the labor acts and rules of your state and decide.

S. Krishnamoorthy

Dear Friend,

The reply to your query is given below:

The Factory Act of 1948 holds the answer to your question. The definition of a worker under the Factory Act includes part-time labor as well. "The Act covers all workers employed in the factory premises or precincts thereof, directly or by or through any agency including a contractor, with or without the knowledge of the principal employer" - this is the answer to your query.

Now, as per Chapter VIII, paragraph (2) of the Factory Act, it describes Annual Leave with Wages: "An adult worker is entitled to leave with wages in the subsequent calendar year if he has worked for 240 days or more in a calendar year." This means that a person who has worked less than 240 days will not be eligible for Earned Leave (EL).

Wishes,

From - Vijay Vashisth
09992334610
Nippon Talbros

Dear Friends,

In general practice, when engaging contract workers or temporary workers, we enter into a contract period for 11 months without allowing them to complete a year.

Regards,
Sivas

Dear Friends,

A lot of part-time employees are earning more than the permanent employees of an organization. They are also not dependent on a particular company. They are well placed and earn more excellently than permanent employees.

With kind regards,
Agnrajan.