Should Overtime on Sundays Count Towards Earned Leave Calculation?

Hi,

EL is calculated according to the physical presence in the factory (1 day leave for 20 days present in the factory). If some workers are present in the factory for overtime (they are getting additional benefits, i.e., double wages for it) and they are marking attendance on those Sundays/holidays.

My question is whether these Sundays/holidays on which workers are present in the factory should be considered as present days and eligible for the calculation of EL.

Section 79. Annual leave with wages.—
(1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of—
(i) if an adult, one day for every twenty days of work performed by him during the previous calendar year
Whether they get overtime for certain days of presence does not make any difference as it is a day of work and presence by worker.

No, they will not be eligible for the calculation of earned leave (EL).

R. R. Kapoor

No, they are not eligible. They are already receiving double payment for overtime.

Sunday/holiday working and marking presence on such days are not considered working days for the factory; therefore, these days are not included in the calculation of working days for leave entitlement under the Factories Act, 1948.

If this is accepted, what would be the scenario when a worker works overtime during the next shift of the same day? Such overtime days are not counted for leave purposes because they are considered as additional working hours.

M.A. KULKARNI

Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of—
(i) if an adult, one day for every twenty days of work performed by him during the previous calendar year
Whether they get overtime for certain days of presence does not make any difference as it is a day of work and presence by worker.