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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.

From India, Chennai
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Glidor
651

Factory act / shop & establishment act does not contain any definition as excluded employees, they have mere count of manpower / man-days and on that basis the rules get applicable

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PB
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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

From India, Mumbai
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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]

From India, New Delhi
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