Interview Question: How Many Leaves Are Contract Workers Entitled to Annually?

I was asked in an interview how many leaves a contract laborer, working in any establishment (in general), can avail in a year. Then I was also asked how many Casual Leaves (CL) and Sick Leaves (SL) he is entitled to.

Thank you.

Eligibility for Leaves for Contract Employees

An employee engaged through a contractor will be eligible for leaves as per the terms and conditions of service that he has with his employer, i.e., the contractor. Being the Principal employer, you are not expected to grant any leave to the contractor's employee. If you do so, the contract itself could be treated as a sham contract!

Regards,
Madhu.T.K

Thank you very much, Sir, for your prompt reply. I have received my answer, but I would like to know how many days of leave can be granted to a contract employee by a contractor.

As already stated, it can vary depending upon the service agreement and the law relating to conditions of service. That is, if the contractor's firm is registered under the Shops and Commercial Establishments Act, the Act itself has provided for the service conditions, including leaves to be given. On the other hand, if the Factories Act is applicable, then there is also a provision for leave with wages. The Shops Act being a State Act, the provisions relating to leave may differ from state to state, but under the Factories Act, it is one leave for every 20 days worked in the preceding year, provided that the worker had worked in the preceding year for at least 240 days.

Regards,
Madhu.T.K

In addition to the above, I present that in the State of Andhra Pradesh, the Contract Labour (Regulation and Abolition) Act 1971 specifies the leave position as follows:

Leave with Wages

Under conditions of service 10 (a), leave with wages is granted as follows:
- If an adult, one day for every 20 days of actual work performed.
- If a young person, one day for every 15 days of actual work performed.

Regards.