Earned Leave Eligibility for Excluded Employees Under the Factory Act: Can Anyone Clarify?

Hi friends,

I am Paranitharan, an HR Manager. I would appreciate it if you could clarify the eligibility for Earned Leave for excluded employees as per the Factory Act. My question is whether excluded employees are eligible for Earned Leave.

The Factory Act and the Shop & Establishment Act do not contain any definition of excluded employees. They only specify the count of manpower or man-days, based on which the rules become applicable.

Dear Colleague,

The Factories Act provides for employees holding "Confidential positions," and the designations of such persons are also specified. However, there is no category for Excluded employees. You can either provide the same quantum of earned leaves to them or choose to enhance it.

Regards,
Vinayak Nagarkar
HR Consultant

Dear colleague, while in agreement with all learned colleagues, under the employees' PF scheme, there is a category termed as "Excluded employees." They are out of PF coverage due to either being superannuated or falling under the PF trust of a company managing PF through a trust. The terms of leave, working hours, etc., for anyone engaged as a retainer or adviser can be suitably agreed upon between such personnel and the employer distinctly as individual-specific, where leave provisions can differ. However, all other employees are entitled to PL/EL subject to the eligibility criteria laid out under the Factories Act, 1948.

Regards, RDS Yadav Director, Future Institute of Engineering and Management Technology and Labour Laws Adviser Navtarang HR Services [Email Removed For Privacy Reasons] [Phone Number Removed For Privacy-Reasons] [Phone Number Removed For Privacy-Reasons]