Hello Seniors, If an employee works for 237 or 238 days in a year is he eligible for EL?
From India, Pune
Acknowledge(0)
Amend(0)
3From India, Pune
Acknowledge(0)Amend(0)
Section 79 of the Factories Act 1948 makes it mandatory for a service of 240 or more working days for entitlement to Annual Leave with Wages. However, this stringent criterion can be diluted depending on the company policy.
From India, Mumbai
Acknowledge(1)Amend(0)
From India, Mumbai
Acknowledge(1)Amend(0)
Dear Mugdha,
While agreeing with Mr. KK!HR, I have to state that the employer should always be at the giving end and be magnanimous in considering negligible points like a shortfall of one or two days in providing a benefit. I don't think it is very difficult to convince the management in these cases, which would be very few in a year.
From India, Hyderabad
Acknowledge(0)Amend(0)
While agreeing with Mr. KK!HR, I have to state that the employer should always be at the giving end and be magnanimous in considering negligible points like a shortfall of one or two days in providing a benefit. I don't think it is very difficult to convince the management in these cases, which would be very few in a year.
From India, Hyderabad
Acknowledge(0)Amend(0)
If a workman actually worked for 237 working days and availed Sick Leave or Earned Leave during the calendar year for more than 3 days, he/she meets the criteria of working 240 days and thus is eligible for earned leave; otherwise, not. However, if the absenteeism is due to sickness, accident, or some unavoidable circumstances, management normally considers such cases on humanitarian grounds.
Suresh
From India, Thane
Acknowledge(0)Amend(0)
Suresh
From India, Thane
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf
LEAVE-ATTENDANC E POLICY.doc