P.S. and yes he should get paid if your company pays employees during holidays. and more so, even if he filed leave, that leave should not be deducted from the number of leave he has.
From Philippines, Quezon
From Philippines, Quezon
Dear All,
There seems to be many conflicting views on leaves.May pls.be informed of following.
1) National festivl Acts = 9 days to be declared as holidays- out of 9 days 4 days are compulsory as national holidays(republic day, May day, Independance day and Gandhi jayanthi) The remaing 5 days will be decided by managemnet.If sunday falls on any such compulsory holidays list,then one more day to be declared as holiday byh management.
If a person is already on leave before these 9days, the following to be applied.
a) A person who is on sick leave,then he will loose the benefit festival holiday.But if company allowed sick leave with wages (regarding sick leave separate note below),he will be paid wages or if company does not allowes sick leave with wages and the entire period will be counted for Loss of pay.And these loss pay days will not counted for his elegibility for bonus / earned leave.
b) If a person is on earned leave, then the question of loss of pay is not applicable and entire period will be counted for wages and also for bonus and eligiblity for EL.
Regarding sick Leave:
All registered establishments, has to grand 12 days as sick leave with wages.
Sundaram
From India, Madras
1There seems to be many conflicting views on leaves.May pls.be informed of following.
1) National festivl Acts = 9 days to be declared as holidays- out of 9 days 4 days are compulsory as national holidays(republic day, May day, Independance day and Gandhi jayanthi) The remaing 5 days will be decided by managemnet.If sunday falls on any such compulsory holidays list,then one more day to be declared as holiday byh management.
If a person is already on leave before these 9days, the following to be applied.
a) A person who is on sick leave,then he will loose the benefit festival holiday.But if company allowed sick leave with wages (regarding sick leave separate note below),he will be paid wages or if company does not allowes sick leave with wages and the entire period will be counted for Loss of pay.And these loss pay days will not counted for his elegibility for bonus / earned leave.
b) If a person is on earned leave, then the question of loss of pay is not applicable and entire period will be counted for wages and also for bonus and eligiblity for EL.
Regarding sick Leave:
All registered establishments, has to grand 12 days as sick leave with wages.
Sundaram
From India, Madras
Dear, 26th January is National Holiday, so every employee are elegiable for the same. Abhay
From India, Haridwar
From India, Haridwar
I understand the point under question should be whether whether the leave should be in part from 20th to 25th and then 27th to 31st.
If the leave policy allows the benefit of intervening holidays,be they National or Festival,the No of leaves to be adjusted from the leave account will have taken into consideration accordingly;otherwise,it would be a continuous leave and no extra payment for the intervening holiday.
Uday Kr Verma
From India, Kolkata
If the leave policy allows the benefit of intervening holidays,be they National or Festival,the No of leaves to be adjusted from the leave account will have taken into consideration accordingly;otherwise,it would be a continuous leave and no extra payment for the intervening holiday.
Uday Kr Verma
From India, Kolkata
I think it depends on the company leave policy set by HRD. As per my company policy, the leave is counted form the date of relieving till the date of resumption, everything will be counted as leave in between. If I start leave from 27th January, I will be paid for the holiday. but if i take leave from 20th and return on 27th, 26 will be unpaid. I am not sure whether this policy contradict with any of the existing laws in this regard.
Razik
From India, Ernakulam
Razik
From India, Ernakulam
My Dear Sir,
It seems your understanding of Labour Laws still requires some brushing up.
The correct answer is:
The employee is on leave from 20th to 30 Jan. It means that he is on leave for 11 days. It is also quite obvious that he/she is on Privileged Leave or EL, considering the long leave period.
Since 26th Jan, a National Holiday falls in between, he will be deemed to be on EL for 10 days and 26th will be paid to him as a National Holiday. This is the law and can be further confirmed from the relevant provisions of the Factories Act.
There is no question of any additional day's payment to be made to the employee. He will be paid salary for only 11 days ( 10 days EL and I day NH)
I will further clarify that even if the employee is on LWP for the whole of the month, he will still be paid for any National Holiday that falls in between.
Best Wishes,
Vasant Nair
HR Advisor
From India, Mumbai
It seems your understanding of Labour Laws still requires some brushing up.
The correct answer is:
The employee is on leave from 20th to 30 Jan. It means that he is on leave for 11 days. It is also quite obvious that he/she is on Privileged Leave or EL, considering the long leave period.
Since 26th Jan, a National Holiday falls in between, he will be deemed to be on EL for 10 days and 26th will be paid to him as a National Holiday. This is the law and can be further confirmed from the relevant provisions of the Factories Act.
There is no question of any additional day's payment to be made to the employee. He will be paid salary for only 11 days ( 10 days EL and I day NH)
I will further clarify that even if the employee is on LWP for the whole of the month, he will still be paid for any National Holiday that falls in between.
Best Wishes,
Vasant Nair
HR Advisor
From India, Mumbai
Dear Manish Gupta
I want to clarify your query. If an employee is already on leave utilising his entitled leave which commences before 26th Jan and ends after 26th Jan, I don't think any company excludes 26th Jan from the continuous leave.
Same way if employee is on loss of pay from 1st jan to 31st Jan, I don't think any company pays the salary for 26th Jan alone being a national holiday.
At least I have not come across any company paying salary for just national holiday if employee is on loss of pay or excludes one day from the leave he has taken.
If your company is paying to employees as per above , you are lucky to get pay
From India, Bangalore
I want to clarify your query. If an employee is already on leave utilising his entitled leave which commences before 26th Jan and ends after 26th Jan, I don't think any company excludes 26th Jan from the continuous leave.
Same way if employee is on loss of pay from 1st jan to 31st Jan, I don't think any company pays the salary for 26th Jan alone being a national holiday.
At least I have not come across any company paying salary for just national holiday if employee is on loss of pay or excludes one day from the leave he has taken.
If your company is paying to employees as per above , you are lucky to get pay
From India, Bangalore
Son, please read the relevant portions of the relevant Acts and then comment. Your understanding of the relevant laws appears to be rather restricted. Best Wishes, Vasant Nair
From India, Mumbai
From India, Mumbai
Dear Friends,
The following extracts will help answer this query:
52. WEEKLY HOLIDAYS. - (1) No adult worker shall be required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said day), unless - (a) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and
(b) the manager of the factory has, before the said day or the substituted day under clause (a), whichever is earlier, - (i) delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and
(ii) displayed a notice to that effect in the factory : Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.
(2) Notices given under sub-section (1) may be cancelled by a notice delivered at the office of the Inspector and a notice displayed in the factory not later than the day before the said day or the holiday to be cancelled, whichever is earlier.
(3) Where, in accordance with the provisions of sub-section (1), any worker works on the said day and has had a holiday on one of the three days immediately before it, that said day shall, for the purpose of calculating his weekly hours of work, be included in the preceding week.
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;
(ii) if a child, one day for every fifteen days of work formed by him during the previous calendar year.
Explanation 1 : For the purpose of this sub-section - (a) any days of lay off, by agreement or contract or as permissible under the standing orders;
(b) in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and
(c) the leave earned in the year prior to that in which the leave is enjoyed; shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.
Explanation 2 : The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.
(2) A worker whose service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate laid down in clause (i) or, as the case may be, clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calender year.
(3) If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death calculated at the rates specified in sub-section (1), even if he had not worked for the entire period specified in sub-section (1) or sub-section (2) making him eligible to avail of such leave, and such payment shall be made - (i) where the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal or quitting, and
(ii) where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death.
(4) In calculating leave under this section, fraction of leave of half a day or more shall be treated as one full day's leave, and fraction of less than half a day shall be omitted.
(5) If a worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year :
Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child :
Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub-sections (8) and (9) or in contravention of sub-section (10) shall be entitled to carry forward the leave refused without any limit.
(6) A worker may at any time apply in writing to the manager of a factory not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year :
Provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to begin, if he is employed in a public utility service as defined in clause (n) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947) :
Provided further that the number of times in which leave may be taken during any year shall not exceed three.
(7) If a worker wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in sub-section (6); and in such a case wages as admissible under section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty days from the date of the application for leave.
(8) For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee constituted under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with the Chief Inspector a scheme in writing whereby the grant of leave allowable under this section may be regulated.
(9) A scheme lodged under sub-section (8) shall be displayed at some conspicuous and convenient places in the factory and shall be in force for a period of twelve months from the date on which it comes into force, and may thereafter be renewed with or without modification for a further period of twelve months at a time, by the manager in agreement with the Works Committee or a similar Committee, or as the case may be, in agreement with the representatives of the workers as specified in sub-section (8), and a notice of renewal shall be sent to the Chief Inspector before it is renewed.
(10) An application for leave which does not contravene the provisions of sub-section (6) shall not be refused, unless refusal is in accordance with the scheme for the time being in operation under sub-sections (8) and (9).
(11) If the employment of a worker who is entitled to leave under sub-section (1) or sub-section (2), as the case may be, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment before he has taken the leave, the occupier of the factory shall pay him the amount payable under section 80 in respect of the leave not taken, and such payment shall be made, where the employment of the worker is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker who quits his employment, on or before the next pay day.
(12) The unavailed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.
Vasant Nair
HR Advisor
From India, Mumbai
The following extracts will help answer this query:
52. WEEKLY HOLIDAYS. - (1) No adult worker shall be required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said day), unless - (a) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and
(b) the manager of the factory has, before the said day or the substituted day under clause (a), whichever is earlier, - (i) delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and
(ii) displayed a notice to that effect in the factory : Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.
(2) Notices given under sub-section (1) may be cancelled by a notice delivered at the office of the Inspector and a notice displayed in the factory not later than the day before the said day or the holiday to be cancelled, whichever is earlier.
(3) Where, in accordance with the provisions of sub-section (1), any worker works on the said day and has had a holiday on one of the three days immediately before it, that said day shall, for the purpose of calculating his weekly hours of work, be included in the preceding week.
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;
(ii) if a child, one day for every fifteen days of work formed by him during the previous calendar year.
Explanation 1 : For the purpose of this sub-section - (a) any days of lay off, by agreement or contract or as permissible under the standing orders;
(b) in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and
(c) the leave earned in the year prior to that in which the leave is enjoyed; shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.
Explanation 2 : The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.
(2) A worker whose service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate laid down in clause (i) or, as the case may be, clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calender year.
(3) If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death calculated at the rates specified in sub-section (1), even if he had not worked for the entire period specified in sub-section (1) or sub-section (2) making him eligible to avail of such leave, and such payment shall be made - (i) where the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal or quitting, and
(ii) where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death.
(4) In calculating leave under this section, fraction of leave of half a day or more shall be treated as one full day's leave, and fraction of less than half a day shall be omitted.
(5) If a worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year :
Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child :
Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub-sections (8) and (9) or in contravention of sub-section (10) shall be entitled to carry forward the leave refused without any limit.
(6) A worker may at any time apply in writing to the manager of a factory not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year :
Provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to begin, if he is employed in a public utility service as defined in clause (n) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947) :
Provided further that the number of times in which leave may be taken during any year shall not exceed three.
(7) If a worker wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in sub-section (6); and in such a case wages as admissible under section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty days from the date of the application for leave.
(8) For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee constituted under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with the Chief Inspector a scheme in writing whereby the grant of leave allowable under this section may be regulated.
(9) A scheme lodged under sub-section (8) shall be displayed at some conspicuous and convenient places in the factory and shall be in force for a period of twelve months from the date on which it comes into force, and may thereafter be renewed with or without modification for a further period of twelve months at a time, by the manager in agreement with the Works Committee or a similar Committee, or as the case may be, in agreement with the representatives of the workers as specified in sub-section (8), and a notice of renewal shall be sent to the Chief Inspector before it is renewed.
(10) An application for leave which does not contravene the provisions of sub-section (6) shall not be refused, unless refusal is in accordance with the scheme for the time being in operation under sub-sections (8) and (9).
(11) If the employment of a worker who is entitled to leave under sub-section (1) or sub-section (2), as the case may be, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment before he has taken the leave, the occupier of the factory shall pay him the amount payable under section 80 in respect of the leave not taken, and such payment shall be made, where the employment of the worker is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker who quits his employment, on or before the next pay day.
(12) The unavailed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.
Vasant Nair
HR Advisor
From India, Mumbai
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