Contractual Employee Leave Dilemma: Is It Casual Leave or Leave Without Pay?

Suppose a contractual employee has joined his duties w.e.f. 15 July 2010, and he has taken leave on 6 August 2010 due to some work. Will his leave be treated as casual leave or LWOP.

Regards,
Ritika

Dear Ritika,

Basically, your information is short. Whether your unit is a factory or establishment, if it is a factory, the employee is not entitled to earned leave until after completing 240 days of service. If it is an establishment under the Shops & Commercial Establishment Act and governed by the state government, then the provisions for leave in your state should be checked. However, remember that the policy regarding leave adopted by your organization is important. There is no provision for casual leave in the Factory Act or the Shops & Commercial Establishment Act, so the leave may be treated as leave without pay.

Regards,
KIRAN KALE

Dear Ritika,

Kindly speak to the HR department regarding your leave details. Many organizations do give some leaves for contractual employees as well. The number and type of leave may vary from a confirmed or on-roll employee.

We can't help you with the correct answer on whether you will be marked LWP or not.

Hi,

I agree with my friends that it totally depends on the organization; there is no fixed rule. However, as per the leave policy followed by most organizations, any contract employee is eligible for one paid leave every month of work. This leave can be taken as either Casual Leave (CL) or Sick Leave (SL).

Hi,

It is usually based on organizational policy. It is not affected by the matter of when you have joined. If there is a provision for casual leave for contractual employees, then it will be paid. It's better to check the HR manual that is given to almost all employees at the time of joining; such leave policies will be mentioned there.

Dear Ritika ji,

In most of the MNCs, they provide contractual types of appointments. For example, in Turnkey projects, they offer these jobs to respective organizations, each having its own set of leave rules and procedures. In the case of contractual employment, employees may receive CL, EL, Paid Leave, etc., depending purely on the administrative procedures in place. Whether an employee is eligible or not will be determined by the rules established there.

If the contract of employment is governed by the Contract Labour (R&A) Act, it will not be.

Regards,

PBS KUMAR

Please appreciate a simple fact that employees engaged through a contractor or employees engaged on a contractual basis are entitled to all applicable benefits under various labor laws just as they are applicable to regular employees. Therefore, to say that the grant of leave to contractual employees is a matter of policy or choice of the management would be erroneous.

In the query under consideration, the employee should be given one day's casual leave.

Best Wishes, Vasant Nair

In fact, labor laws are framed for the regular employees/workers, whereas the contract employees cannot be governed by those laws. The employee may be treated under the contract of work served to him when he joined.

Azam Irfan

Whether an employee is hired/engaged on a contract, regularly, or as a trainee, on humanitarian grounds, they should be granted a minimum number of days of leave corresponding to the duration of their service to the organization.