Sir, Please let me know the provision for calculation for Earned Leaves, and also the act in which the provision it has been mentioned Sajitha
From India, Warangal
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From India, Warangal
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Ms. Sajitha,
Please let me know whether your company was registered under the Factories Act or the Shops & Establishment Act. If it is registered under the Factories Act, then please check the draft below.
As per the Factories Act...
HOLIDAYS (SECTIONS 52 & 53) No adult worker shall be required or allowed to work in a factory on the first day of the week, which is a Sunday. This means that a worker shall have a holiday for every six days of continuous work. However, the manager may call upon a worker to work on a Sunday. In such cases, one day of holiday must be given either out of the 3 days preceding the Sunday or out of the 3 days succeeding the Sunday. Before making this arrangement, a manager shall deliver a notice to the office of the inspector expressing his intention to that effect. Furthermore, notice must also be displayed in the factory, intimating such a change. No substitution can, however, be made in such a way that it makes a worker work for more than 10 days consecutively. Sunday shall, for the purpose of calculating weekly hours of work, be included in the preceding week, where any worker works on a Sunday. Compensatory Holidays: It is mandatory that a worker shall be allowed compensatory holidays of an equal number to the holidays lost. This arises on account of the worker being deprived of the weekly holidays under Section 52, made by the State Government exempting the factory from such provisions. The compensatory holidays must be allowed to the workman within 2 months or within a month in which the substitution of such holidays becomes due. The manner in which compensatory holidays have to be allowed is prescribed by the State Government.
ANNUAL LEAVE WITH WAGES (SECTIONS 79 TO 82) Sections 78 to 84 of the Factories Act deal with annual leave with wages. If any award or agreement, including settlement or contract of service, provides for longer annual leave with wages under the provisions of Sections 79 to 82, the worker shall be entitled to such leave. But there cannot be any award or settlement reducing the annual leave as provided under the Act. RULES RELATING TO ANNUAL LEAVE WITH WAGES (SECTION 79) There are two cumulative conditions that are said to be mandatory for the purpose of availing annual leave with wages: (a) A worker should have put in continuous years of service, which means that he should have actually worked for 240 days or more during the calendar year. (b) During that year, for every 20 days of actual work put in by him, a workman becomes eligible for one day of rest leave in the succeeding year. In the case of a child, one day for every 15 days of work performed during the previous calendar year. In spite of the fact that a worker might not have completed 240 days in a calendar year, the legal representative or nominee of such a worker shall be entitled to claim such earned wages proportionately before the expiry of the second working day from the date of such discharge or dismissal or quitting. However, if a worker has been superannuated or has expired, then such earned wages must be settled before the expiry of two months from the date of such superannuation or death (Section 79(2)). In calculating the leave period, a fraction of leave of half a day or more shall be treated as one full day's leave. The unavailed leave by a worker shall be carried forward to the succeeding year, provided no such accumulation of unavailed leave shall exceed 30 days in a year. In the case of excess, unavailed earned leave would lapse. But the number of times the leave that may be taken during any year shall not exceed 3 times. Other Provisions of Chapter VIII (Sections 81 to 84): A worker who has been allowed earned leave for not less than 4 days in the case of an adult and 5 days in the case of a child shall be paid the wages due for the period before their leave begins, respectively. If the employer does not make such payment, it shall be recoverable as delayed wages under the provisions of the Payment of Wages Act, 1936. Power to make rules (Section 83): The State Government may make rules directing managers of factories to keep registers containing prescribed particulars and requiring the register to be available for examination by Inspectors. Power to exempt factories (Section 84): The State Government may exempt a factory from the operation of the leave rules if it is satisfied that its own leave rules provide benefits that are not less favorable to the workers than that of the statutory leave rules.
From India, Madurai
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15Please let me know whether your company was registered under the Factories Act or the Shops & Establishment Act. If it is registered under the Factories Act, then please check the draft below.
As per the Factories Act...
HOLIDAYS (SECTIONS 52 & 53) No adult worker shall be required or allowed to work in a factory on the first day of the week, which is a Sunday. This means that a worker shall have a holiday for every six days of continuous work. However, the manager may call upon a worker to work on a Sunday. In such cases, one day of holiday must be given either out of the 3 days preceding the Sunday or out of the 3 days succeeding the Sunday. Before making this arrangement, a manager shall deliver a notice to the office of the inspector expressing his intention to that effect. Furthermore, notice must also be displayed in the factory, intimating such a change. No substitution can, however, be made in such a way that it makes a worker work for more than 10 days consecutively. Sunday shall, for the purpose of calculating weekly hours of work, be included in the preceding week, where any worker works on a Sunday. Compensatory Holidays: It is mandatory that a worker shall be allowed compensatory holidays of an equal number to the holidays lost. This arises on account of the worker being deprived of the weekly holidays under Section 52, made by the State Government exempting the factory from such provisions. The compensatory holidays must be allowed to the workman within 2 months or within a month in which the substitution of such holidays becomes due. The manner in which compensatory holidays have to be allowed is prescribed by the State Government.
ANNUAL LEAVE WITH WAGES (SECTIONS 79 TO 82) Sections 78 to 84 of the Factories Act deal with annual leave with wages. If any award or agreement, including settlement or contract of service, provides for longer annual leave with wages under the provisions of Sections 79 to 82, the worker shall be entitled to such leave. But there cannot be any award or settlement reducing the annual leave as provided under the Act. RULES RELATING TO ANNUAL LEAVE WITH WAGES (SECTION 79) There are two cumulative conditions that are said to be mandatory for the purpose of availing annual leave with wages: (a) A worker should have put in continuous years of service, which means that he should have actually worked for 240 days or more during the calendar year. (b) During that year, for every 20 days of actual work put in by him, a workman becomes eligible for one day of rest leave in the succeeding year. In the case of a child, one day for every 15 days of work performed during the previous calendar year. In spite of the fact that a worker might not have completed 240 days in a calendar year, the legal representative or nominee of such a worker shall be entitled to claim such earned wages proportionately before the expiry of the second working day from the date of such discharge or dismissal or quitting. However, if a worker has been superannuated or has expired, then such earned wages must be settled before the expiry of two months from the date of such superannuation or death (Section 79(2)). In calculating the leave period, a fraction of leave of half a day or more shall be treated as one full day's leave. The unavailed leave by a worker shall be carried forward to the succeeding year, provided no such accumulation of unavailed leave shall exceed 30 days in a year. In the case of excess, unavailed earned leave would lapse. But the number of times the leave that may be taken during any year shall not exceed 3 times. Other Provisions of Chapter VIII (Sections 81 to 84): A worker who has been allowed earned leave for not less than 4 days in the case of an adult and 5 days in the case of a child shall be paid the wages due for the period before their leave begins, respectively. If the employer does not make such payment, it shall be recoverable as delayed wages under the provisions of the Payment of Wages Act, 1936. Power to make rules (Section 83): The State Government may make rules directing managers of factories to keep registers containing prescribed particulars and requiring the register to be available for examination by Inspectors. Power to exempt factories (Section 84): The State Government may exempt a factory from the operation of the leave rules if it is satisfied that its own leave rules provide benefits that are not less favorable to the workers than that of the statutory leave rules.
From India, Madurai
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Dear Srinivasan,
Units covered under the Shops & Establishment Act also have provisions on the grant and accumulation of earned leaves. This is a state Act; therefore, refer to your applicable State Shops Act for this purpose.
With Regards,
R.N.Khola
Hi, can anyone provide some information about the Shops & Establishment Act?
Regards,
Srinivasan
srin.e2003@gmail.com
From India, Delhi
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Units covered under the Shops & Establishment Act also have provisions on the grant and accumulation of earned leaves. This is a state Act; therefore, refer to your applicable State Shops Act for this purpose.
With Regards,
R.N.Khola
Hi, can anyone provide some information about the Shops & Establishment Act?
Regards,
Srinivasan
srin.e2003@gmail.com
From India, Delhi
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CiteHR is a very good forum for sharing knowledge. The more you discuss, the more you increase your own knowledge. In fact, I am not well-versed in computer operations and have no knowledge of how to send and receive emails, etc. Once I am accustomed and become proficient, I shall participate in the discussions effectively. Until then, please excuse me.
With regards
From India, Delhi
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With regards
From India, Delhi
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Dear Sir,
What about earned leave for offices, other than factories? We have an earned leave of 30 days inclusive of Sundays and Public Holidays. We have to compulsorily take 15 days leave at a stretch, and one cannot accumulate more than 60 days. Reimbursement of earned leave is permissible subject to a maximum of 15 days.
Ours is a Private Limited Company. Could someone let me know what the law states?
Regards, Ravi MENON.
How many days is an employee eligible for?
From India, Hyderabad
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What about earned leave for offices, other than factories? We have an earned leave of 30 days inclusive of Sundays and Public Holidays. We have to compulsorily take 15 days leave at a stretch, and one cannot accumulate more than 60 days. Reimbursement of earned leave is permissible subject to a maximum of 15 days.
Ours is a Private Limited Company. Could someone let me know what the law states?
Regards, Ravi MENON.
How many days is an employee eligible for?
From India, Hyderabad
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