Understanding Leave Entitlements and Factory Classification: Seeking Clarification on Key Points

Please help me with clarification on the following points:

1. What is the leave entitlement for employees in an establishment registered under the Factories Act?
2. Whether the administrative office of the establishment away from the factory is also to be treated as a factory or not.

Thank you.

Regards

One day will be entitled for 20 physical working days to those who have worked 240 or more days in the previous calendar year under the Factories Act 1948. The factory leave rules will be applicable to them if they are covered by factory registration; otherwise, the rules of shops & establishments will apply.

Thanks,

Vinod

Clarification on Office Classification

An office of a factory situated outside the factory boundaries will not be treated as a factory. For the employees in the administration office, the State Shops and Commercial Establishments Act will be applicable.

Regards,
Madhu.T.K

One day will be entitled for every 20 physical working days to those who have worked 240 days or more in the previous calendar year under the Factories Act of 1948.

The factory leave rules will apply to them if they are covered under factories' registration; otherwise, the rules of shops & establishments will be applicable.

Thanks,
Vinod

Leave and Holiday Entitlement Under the Factories Act of 1948

What is the leave and holiday entitlement for employees in an establishment registered under the Factories Act of 1948?

Thank you.

Leave and Holiday Entitlements Across States

Leaves are as per the above, and holidays are as per the State Industrial Establishments (National and Festival Holidays) Act. It may be 13 holidays, such as 4 national holidays and 9 festival holidays in Kerala, or 9 holidays like 4 national holidays and 5 festival holidays in Tamil Nadu, or 10 holidays like 5 national holidays and 5 festival holidays in Karnataka, etc.

Regards,
Madhu.T.K

Application of the Factories Act

The Factories Act will be applicable only if the office is within the precincts of the factory.

Annual Leave with Wages

It is unfortunate to note that some contributors have reduced the comprehensive chapter on 'Annual leave with wages' to just a few sentences, which do not reflect all the provisions of the Act. If an employee joins after January 1st, they must have completed 2/3 or more of the working days from their date of joining to December 31st to be entitled to annual leave with wages. An employee is entitled to annual leave with wages if they have completed 240 working days during the calendar year. In both cases, the leave is calculated at the rate of 1 day for every 20 days worked. Since this is normative legislation, the employer can also grant 1 day of leave for less than 20 days worked.

There is more to it, but this should suffice for the query.

Regards,
Shrikant Prabhudesai
[Phone Number Removed For Privacy Reasons]

Dear seniors, please help me with clarification on the following points:

1. I am currently under training. Am I eligible for PF and ESIC? In case I am not interested in these deductions, can I have an exemption?

2. Can the remaining leaves from this year be carried forward to the next year?

With regards,
Devibhanu