Dear friends,
Today I am free and hence I am sharing some knowledge with you related to LEAVE & HOLIDAYS as below:
Although "leave" has been dealt with under the Chapter of Factories Act, 1948. This subject being of day-to-day importance, it is imperative to explain here for citehr members' knowledge and implementation of the same to your concerned organization.
DISTINCTION BETWEEN LEAVE AND HOLIDAYS
A reference to item 4 of schedule III appended to the Industrial Disputes Act, 1947 would make it abundantly clear that holidays stand on a different footing altogether from leave with wages or leave facilities. Holidays are off-days granted by the employer to their workmen/staff either voluntarily or compulsorily under the force of law. On a holiday, the entire business is closed, and no one works, while in the case of leave, the entire business is running. It would thus be seen that there is a fundamental distinction between leave and holidays.
FESTIVAL AND NATIONAL HOLIDAYS
The holidays declared under the Negotiable Instruments Act are usually applicable to Government Departments, more particularly to banks, and they are not generally adopted by factories and other establishments in the public and private sector. The factory legislation also does not provide for the grant of FESTIVAL HOLIDAYS to industrial workers. However, despite that, some quantum of festivals and national holidays with pay is prevalent in factories and other industrial establishments.
Generally, the occupiers of orders fix the number of such holidays in their standing orders or service rules. Apart from this, states are very generous in declaring paid holidays.
LEAVE ADMISSIBLE TO EMPLOYEES/WORKERS UNDER THE FACTORIES ACT
Leave to employees is granted based on statutory provisions, agreements, settlements, customs, usages, or practices. Section 79 of the Act, as amended by Act 94 of 1976 wef 26/10/1976, provides for the EARNED LEAVE with wages to the workers in addition to the WEEKLY OFFS and COMPENSATORY HOLIDAYS.
1) QUALIFYING SERVICE FOR ENTITLEMENT OF LEAVE
Under section 79 of the Act, as amended wef 26/10/1976, every worker who has worked for a period of 240 days or more in a factory during the calendar year is qualified for ANNUAL LEAVE with wages to be availed by him during the subsequent calendar year or during any other calendar year. But a worker whose service commences otherwise than on the 1st day of January shall be entitled to leave with wages only if he has worked for 2/3 of the total number of days in the remainder of the calendar year.
2) CALCULATION OF LEAVE
In regard to an adult employee, the leave with wages is to be calculated at the rate of 01 day for every 20 days of work performed by him during the previous calendar year. In the case of a child worker, such leave is to be calculated at the rate of 01 day for every 15 days of work performed by him during the previous calendar year. For the purpose of computation of the period of 240 days or more, the following should be deemed to be the days on which such workers have worked in a factory:
a) Any days of lay-off, by agreement or contract, or as permissible under the standing orders.
b) In the case of a FEMALE worker, MATERNITY LEAVE for any number of days not exceeding 12 weeks, and
c) The leave earned in the year prior to that in which the leave is enjoyed.
The leave admissible under the above provisions is exclusive of all HOLIDAYS whether occurring during or at either end of the period of leave. But it may be noted that an adult worker whose service commences otherwise than on the 01st day of January is entitled to 01 day leave with wages for every 20 days of work while in the case of a child, 01 day for 15-day work provided that such workers have worked for 2/3 of the total number of days in the remainder of the calendar year.
FRIENDS, RIGHT NOW TIME IS NOT PERMITTING TO WRITE ALL POINTS BUT I WILL UPDATE YOU AS BELOW:
3) LEAVE TO DISCHARGED OR DISMISSED WORKER
4) LEAVE- HOW TO BE AVAILED OF?
5) PAYMENT IN LIEU OF UNAVAILED LEAVE ON TERMINATION
6) WHETHER LEAVE CAN BE CLAIMED AS OF RIGHT?
7) OBLIGATION OF AN EMPLOYER TO GRANT LEAVE
8) APPLICATION FOR LEAVE WITH REASONS IF NECESSARY
9) OBLIGATION OF WORKERS/EMPLOYEES TO PRODUCE MEDICAL CERTIFICATES IN CASE OF SICKNESS
10) COMMENTS/NOTES
Thanks
Sidheshwar
Today I am free and hence I am sharing some knowledge with you related to LEAVE & HOLIDAYS as below:
Although "leave" has been dealt with under the Chapter of Factories Act, 1948. This subject being of day-to-day importance, it is imperative to explain here for citehr members' knowledge and implementation of the same to your concerned organization.
DISTINCTION BETWEEN LEAVE AND HOLIDAYS
A reference to item 4 of schedule III appended to the Industrial Disputes Act, 1947 would make it abundantly clear that holidays stand on a different footing altogether from leave with wages or leave facilities. Holidays are off-days granted by the employer to their workmen/staff either voluntarily or compulsorily under the force of law. On a holiday, the entire business is closed, and no one works, while in the case of leave, the entire business is running. It would thus be seen that there is a fundamental distinction between leave and holidays.
FESTIVAL AND NATIONAL HOLIDAYS
The holidays declared under the Negotiable Instruments Act are usually applicable to Government Departments, more particularly to banks, and they are not generally adopted by factories and other establishments in the public and private sector. The factory legislation also does not provide for the grant of FESTIVAL HOLIDAYS to industrial workers. However, despite that, some quantum of festivals and national holidays with pay is prevalent in factories and other industrial establishments.
Generally, the occupiers of orders fix the number of such holidays in their standing orders or service rules. Apart from this, states are very generous in declaring paid holidays.
LEAVE ADMISSIBLE TO EMPLOYEES/WORKERS UNDER THE FACTORIES ACT
Leave to employees is granted based on statutory provisions, agreements, settlements, customs, usages, or practices. Section 79 of the Act, as amended by Act 94 of 1976 wef 26/10/1976, provides for the EARNED LEAVE with wages to the workers in addition to the WEEKLY OFFS and COMPENSATORY HOLIDAYS.
1) QUALIFYING SERVICE FOR ENTITLEMENT OF LEAVE
Under section 79 of the Act, as amended wef 26/10/1976, every worker who has worked for a period of 240 days or more in a factory during the calendar year is qualified for ANNUAL LEAVE with wages to be availed by him during the subsequent calendar year or during any other calendar year. But a worker whose service commences otherwise than on the 1st day of January shall be entitled to leave with wages only if he has worked for 2/3 of the total number of days in the remainder of the calendar year.
2) CALCULATION OF LEAVE
In regard to an adult employee, the leave with wages is to be calculated at the rate of 01 day for every 20 days of work performed by him during the previous calendar year. In the case of a child worker, such leave is to be calculated at the rate of 01 day for every 15 days of work performed by him during the previous calendar year. For the purpose of computation of the period of 240 days or more, the following should be deemed to be the days on which such workers have worked in a factory:
a) Any days of lay-off, by agreement or contract, or as permissible under the standing orders.
b) In the case of a FEMALE worker, MATERNITY LEAVE for any number of days not exceeding 12 weeks, and
c) The leave earned in the year prior to that in which the leave is enjoyed.
The leave admissible under the above provisions is exclusive of all HOLIDAYS whether occurring during or at either end of the period of leave. But it may be noted that an adult worker whose service commences otherwise than on the 01st day of January is entitled to 01 day leave with wages for every 20 days of work while in the case of a child, 01 day for 15-day work provided that such workers have worked for 2/3 of the total number of days in the remainder of the calendar year.
FRIENDS, RIGHT NOW TIME IS NOT PERMITTING TO WRITE ALL POINTS BUT I WILL UPDATE YOU AS BELOW:
3) LEAVE TO DISCHARGED OR DISMISSED WORKER
4) LEAVE- HOW TO BE AVAILED OF?
5) PAYMENT IN LIEU OF UNAVAILED LEAVE ON TERMINATION
6) WHETHER LEAVE CAN BE CLAIMED AS OF RIGHT?
7) OBLIGATION OF AN EMPLOYER TO GRANT LEAVE
8) APPLICATION FOR LEAVE WITH REASONS IF NECESSARY
9) OBLIGATION OF WORKERS/EMPLOYEES TO PRODUCE MEDICAL CERTIFICATES IN CASE OF SICKNESS
10) COMMENTS/NOTES
Thanks
Sidheshwar