Started a factory 1 year ago. Please tell me when do leaves, gratuity, PF, & ESI start?

Dear sir, We started a factory 1 year ago. Please tell me when do leaves, gratuity, PF, & ESI start?

You should have given leave with wages right from starting of your business. If a factory, your leave shall commence from 12 months of commencement. You should start ESI when your number of employees becomes 10, you should start EPF when your number of employees becomes 20. Your establishment would be covered by Gratuity Act right from the commencement if yours is a factory and if a commercial establishment, when your number of employees became 10.

As per Factories Act , leave should be calculated on the basis of actual working days subject to minimum 240 days in a calendar year divided by 20. Any fractional leave 0.5 and above should be considered as 1 day. To qualify 240 days, number of leave enjoyed previous year should be consider but leave earn will be on actual number of days present. Say for example if any employee works for 230 days in a calendar year and enjoyed 12 days leave in the year, he is eligible for earning leave ( 230 + 12 = 242 ) but actual leave earn will be 230/20 = 11.5 i.e 12 days.

Coverage for PF if there is 20 or more employees including contractual employees and for ESIC & Gratuity it is 10 or more employees including contractual employees.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
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IF WORKMEN ABSENT BEFORE NATIONAL HOLIDAY
IF WORKMEN ABSENT AFTER NATIONAL HOLIDAY
HE IS ELIGIBLE OR NOT FOR WAGES ?

Do you mean Sandwiching? if you are a factory covered by Factories Act the person has availed leave with wages as per Factories Act, then no way the holiday intervening shall be made leave. In other cases, you can check your state rules regarding this. But national holiday is marked different from festival holidays under various state enactments concerning holidays and as such national holidays will have to be paid holidays irrespective of any restrictions regarding leaves. Still, if the leave prior to and following a holiday is unpaid/ loss of pay leave, then the holidays shall also be loss of pay.