Part-Time Work and Leave Deductions: Are My EPF and Leave Rights Being Respected?

Is there anyone who can tell me about the eligibility for EPF, CL, and AL? Actually, I have been working part-time with an esteemed NGO for the last six years. They are not giving me CL and AL as I am on a part-time basis. Is it right even if they deduct leaves from my salary? Similarly, they are not deducting EPF. I don’t know what the law is. Is there anyone who can tell me the proper law?

Regards,
Deepak Chaturvedi

First of all, let us know whether you are engaged for a part-time job on a contract basis or on payroll. As per my knowledge, you are not entitled to annual leave (AL) since you are not a full-time employee, and therefore, you cannot be a permanent employee as per the eligibility criteria. With regards to casual leave (CL), I am not sure, but you should be entitled to CL.

Regards,
Saji

Thank you so much for your reply. Yes, I am working on a payroll basis, not on a contract basis. I receive a monthly salary and increments regularly. I am aware that Annual Leave (AL) is not applicable to me, but what about Casual Leave (CL)? Even when they deduct my salary for my absences, shouldn't I have the right to avail CL? Is it right or wrong? Please, Saji Ji, inform me if you have any information about this.

Regards,
Deepak

If you are on the payroll, please refer to the Appointment Letter/Agreement to check if you are entitled to CL/SL as well. If your agreement states that you are on a contract term of, for example, 3 years or 5 years for a specific project, then I am unable to assist as this is considered a contract, not employment. Kindly review the agreement and inform me of the precise terminology used in the letter.

Thanks & Regards,
Saji

Thank you again. Sorry to disturb you again and again. Actually, there is no agreement or contract-like document for my appointment. I am appointed here in the NGO by referral of one of the trustees of this NGO because I also work for him. That is why he referred me to this NGO six years ago. My working hours have been from 10 am to 1 am for the last six years, and I receive my salary on a monthly basis like others. They deduct my leaves from my salary, which is why I feel that if they deduct leaves, then I should be entitled to get Casual Leave (CL) as others also do. I am very confused. Please let me know.

Thank you for your kind reply.

Regards,
Deepak

Anyone who joins your firm or organization is governed by the Payment of Wages Act, Minimum Wages Act, and similarly the Standing Order Act of the state or center. Thus, everyone is supposed to get one Earned Leave (EL) for every 20 days of work and a reciprocal Casual Leave (CL) of at least 6 days per year. Alternatively, he/she should be facilitated to avail of a CL at least once every two months—one CL if he is an ESI-facilitated employee, for example, drawing a salary of 15,000/- and below per month, and the organization has an ESI establishment number.

When the organization does not have an ESI establishment number, then every employee is to get at least 6 days of sick leave in a year. There should not be any doubt in getting EL, CL, SL, etc. Any organization that does not provide these essential facilities is defaulting.

Regards,
Binod Kumar

Thank you very much for your response. You have replied in a proper way. Actually, they are not providing me with any facilities like PF, CL, AL, and EL, etc., as I am working on a part-time basis. Does this apply to me as well?

Regards,
Deepak