singhsunilk
If an indusial is recruited in an organisation as per through proper recruitment process, will he be entitled for earn leaves during his probation period?
Kindly reply me with reference of Act & law ....

From India, Delhi
kamesh333
186

A minimum of 240 days needs to be worked for any employee to get earned leave hence he is not eligible before completion of one year hence the question won't arises of probation period ( it it is sex months)
Regards - kamesh

From India, Hyderabad
singhsunilk
Dear Mr. Kamesh ,
Thanks for interaction! As per my knowledge if any employer deducts PF/ESI then the employee is entitled for earned leave from first month itself, however if you could please provide relevant act reference it would be very helpful. Also it means that if he is getting all the benefits of a regular employee than he should be getting leave benefits also. SUNIL

From India, Delhi
tajsateesh
1637

Hello Sunil Singh,
Like you mentioned, the employee is 'entitled' for the Earned Leave from Day-1 of service, BUT like kamesh mentioned, it WILL NOT be credited to his/her account until 240 days of service of completed. So if the employee leaves in the Probation period, then he/she can't claim/utilize the leave.
Hope this clarifies your query.
Rgds,
TS

From India, Hyderabad
toufik N S
Dear SS,

More clarification for your query...
As per factory Act Sec 79-ANNUAL LEAVE WITH WAGES. (PAID LEAVE)-
(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;
(ii) if a child, one day for every fifteen days of work formed by him during the previous calendar year.
SO,paid leave not granted untill he/she complete 240 days.
Toufik N.S
9762009709

From India
tajsateesh
1637

Hello Sunil Singh,
What do you mean by 'paid leave'? Paid leave & Earned leave is one & the same--the terminology varies with some companies.
Toufik N.S has given you the answer with utmost clarity.
Suggest give a gist of the actual situation rather than asking your query in bits & pieces--will enable all to suggest you the best possible solution.
Rgds,
TS

From India, Hyderabad
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