rmp2427
5

Hi All, Is part time employee liable to take earned leave? Please let me know.... It’s urgent. Thanks,
From India, Bangalore
valbooj
15

friend "a part-time employee cannot take earned leaves",because 1:he his not giving his full work-time hrs to the company. 2:the remainning hrs is a production loss to the company.
From India, Hyderabad
parasurampur
5

Hi All, I want to know, if there is existance of any Labour act for part time job. Can any give this information please. Regards, Venkatesh
From India, Hyderabad
parasurampur
5

Hi all, Since there is no separate Labour Act. for part time job, all the acts / laws applicable for the full time employees will equally applicable to part time employees also. Regards, Venkatesh
From India, Hyderabad
valbooj
15

there is no labour laws/act. but can be included/given by the comany(framed in its policy)
From India, Hyderabad
Sivas
2

The permanent employees are only eligible for earned leave as 1day for every 30 days worked once they complete one year of contineous service as per the Shops and Establishment Act 1947.
regards
Sivas

From India, Madras
neha.Kapoor
Hi All, I m a new user for Cite HR, Can ny body help me in understading, as to what shall be the proceeure of recovering amount from employees
From India, Mumbai
svandana9
3

Hi,
Part time employee can not avail el coz, generally as per company rules - EL can be avail after completion of probation or one year of services and after becoming permanent employee of the company.
Vandana

From India, New Delhi
parasurampur
5

Hi,
There may be some difference between Act and its application. Some times, the organizations deny genuine payments to its workmen and some other time allow unscheduled benefits.

But when it comes to eligibility we should go as per law only.

In this connection, I wish to draw you attention on a Judgment of Delhi High Court, dated.1st Aug. 2006.

Back ground of the case : A workman used to sweep ½ hr in an office for Rs.60/- pm since 1976. On his request the office manager, agreed to pay Rs.130/pm (during 1978) for additional work of dusting. So he was dusting and sweeping the office. He had also been doing the similar works in some other offices. Four months later, he was removed from his services, when he demanded as per Minimum Wages Act.

(Literally speaking, the workman was not under the control of any organization and was free to discontinue his job at his free will & please and hence he was not an employee of any organization. He was only a self employed.)

Decision of Labour Court: “The Labour Court held that a part time employee was covered by the definition of workman as given in section 2(s) of Industrial Disputes Act, and had awarded reinstatement with full back wages.”

Delhi High Court considered that looking into the definition of section 2(s) and catena of judgments, a part time workman is equally a workman and is entitled for protection available to a full time workman.”
“The interest of justice will be served if he is paid a compensation of Rs.25000/-. The award of the Industrial Tribunal is modified and the respondent/workman be paid compensation of Rs.25,000/- in lieu of reinstatement and back wages. The writ petition is disposed of accordingly.”

Regards,
V. Mishra

From India, Hyderabad
parasurampur
5

Hi,
There may be some difference between Act and its application. Some times, the organizations deny genuine payments to its workmen and some other time allow unscheduled benefits.

But when it comes to eligibility we should go as per law only.

In this connection, I wish to draw you attention on a Judgment of Delhi High Court, dated.1st Aug. 2006.

Back ground of the case : A workman used to sweep ½ hr in an office for Rs.60/- pm since 1976. On his request the office manager, agreed to pay Rs.130/pm (during 1978) for additional work of dusting. So he was dusting and sweeping the office. He had also been doing the similar works in some other offices. Four months later, he was removed from his services, when he demanded as per Minimum Wages Act.

(Literally speaking, the workman was not under the control of any organization and was free to discontinue his job at his free will & please and hence he was not an employee of any organization. He was only a self employed.)

Decision of Labour Court: “The Labour Court held that a part time employee was covered by the definition of workman as given in section 2(s) of Industrial Disputes Act, and had awarded reinstatement with full back wages.”

Delhi High Court considered that looking into the definition of section 2(s) and catena of judgments, a part time workman is equally a workman and is entitled for protection available to a full time workman.”
“The interest of justice will be served if he is paid a compensation of Rs.25000/-. The award of the Industrial Tribunal is modified and the respondent/workman be paid compensation of Rs.25,000/- in lieu of reinstatement and back wages. The writ petition is disposed of accordingly.”

Regards,
Venkatesh

From India, Hyderabad
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