Navigating Leave Rules in Factories: Which Regulations Apply When the Act is Silent?

Hi HR Gurus,

If an establishment is covered under the Factories Act and holds a license through the Labour Act for PF and ESI, which leave rule will be applied? Even though the Factories Act is silent on this matter, it only mentions PL.

Thanks

Dear,

Which of the licenses have you taken from the Labour Act? You are correct in saying that the Factories Act deals only with earned leave. For your information, if your unit is in Delhi and is covered under the Factories Act, 1948, then The Delhi Industrial Establishment (National & Festival Holidays and Casual & Sick Leaves) Act will be applicable for granting these holidays and CL/SL. If female employees are employed, then maternity leave will also be applicable for those employees who are not covered by the ESI Act, 1948.

R.N. Khola
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
09810405361

Thank you for your reply.

Regarding the Labour License for the deployment of labor when more than 20 labor/staff (self and contact) are deployed in any organization, I am responsible for branch establishment in Uttar Pradesh and Jharkhand. Could you please advise on what we should apply for in this situation?

Thank you.