Eligibility Of Days For Calculating PL

Is it not necessary to give PL (As per the Factory Act) to Employees who had put in less than 240 days in privious calender year.
Regards,
NIRANJAN T

Hi,
As per sub section(2) of section 79 of the factory Act,1948:-
If an employee joins the organization after First January then he is eligible to get PL if he has worked for two-third of the total no. of days in the remainder of the calender year.
Abhishek

Hi Niranjan,
According to Factories Act any employee who has worked for 20 days is eligible for 1 PL. So calculation is made accordingly.
Its not mentioned that who has put in less than 240 days will not be eligible.
And finally it depends on the companys policy.
Regards:
Komal Singh

hi all
if an employee joins a factory, any leave either pl or sl, leave is not credited in the year he joins. the leave taken during the year by an employee is only LOP. only in the next year, the accumulated leave is calculated proportionately, like 1 day for every 20 days worked and 240 days and so on. therefore we need not worry about providing the no of days leave, eligibility in the first year or the year an employee joins the company. only the next year (that too if an employee is in service) his / her leave will be credited to his leave account. If an employee quits, in the second year of service, then the accumulated leave should be given to employee by means of settlement.
regards
devarajan

Hey Guys
Help me, does this implies on a software company too, what are the laws which the IT company should abide with? Does it matters which state you are in?
looking forward to hear from you all.
regards
Alex

Hi,
Thanks for reply. I have the examples of Employees who are working with us from past 15 years and they avail PL as per the factory Act every year. However, some of these Employees had not put in 240 days in a previous calander year for some reasons. Do they entitled for PL?
Regards,
NIRANJAN THAKUR

hi niranjan
if the employees have not completed 240 days, but are they continuing the job or left their service?. If they left their job, then you have to calculated proportionaltely the leave accumulated during the period and pay through settlement. (ie: 1 day for every 20 days worked).
on the other hand, if they continue, then credit the PL in the next calender year, not in the current year.
regards
devarajan

How to calculate this 240 days? Does these include Casual Leaves (if any), SLs, ELs taken by employee?

hi kumar
Regarding calculation of 240 days, i think there is no such calculation exists. you may refer to an act called, "conferment of permanent status act" , where it says that an employee will attain the permanent status only if has put continuous service not less than 240 days in a calender year.
1 day for every 20 days worked is the only formula for calculating leave. more bifurcating the leave into SL and PL varies from one factory to another factory. this is nothing to do with 240 days.
therefore before 240 days you can employ an employee as trainee and close his / her period. while closing the leave accumulated by him / her can be made thru settlement.
further doubt feel free to ask
regards
devarajan

Mr. Devarajan,
Thanks for the mail. However, the confusion still exists.
240 days include ELs, CLs, SLs taken by employee?
For example, Mr X actual number of days worked in previous year is 230 days.
He took 12 CLs, 10 ELs, and 7 Sick Leaves in the previous year.
In the above case, should we take actual number of 230 days OR 230+12 (CLs) + 10 (ELs) + 7 (SLs) = 259 days?