What is the criteria for calculation of 240 days for PL / EL.
If an employee working for 235 days during calender year in next year January he or she completing his or her 240 days from DOJ then what about PL of previous year 235 days?
If an employee quit or having F&F after 6 months without completing 240 days is he or she eligible for EL? (As per law).
M. A. Jadeja
From India, Jamnagar
If an employee working for 235 days during calender year in next year January he or she completing his or her 240 days from DOJ then what about PL of previous year 235 days?
If an employee quit or having F&F after 6 months without completing 240 days is he or she eligible for EL? (As per law).
M. A. Jadeja
From India, Jamnagar
Dear Mr. Jadeja,
Please refer to Factories Act for better understanding of your query...........
Answer to 1st question:(as per law)
If an employee has worked for 235 days in a particular year then he / she will be entitled to 235/20=11.75 i.e 12 days AL/PL in the following year(1 day for each 20 days worked)
Answer to 2nd question:(as per law)
If the employee has worked for 6 months after confirmation, you will have to see whether that employee has worked for more the 2/3 of the total working days in those 6 months. For example if the total working days in that 6 months is 150 days and the employee has worked for 105 days during that period, then he/she will be entitled to 105/20=5.25 days i.e 5 days AL/PL. If the em[employee has worked for less the 2/3 (e.g. 90 days) of the working days then he/ she will not be entitled to any AL/PL
Hope the above explanation satisfies your query.
Regards
From India, New Delhi
10Please refer to Factories Act for better understanding of your query...........
Answer to 1st question:(as per law)
If an employee has worked for 235 days in a particular year then he / she will be entitled to 235/20=11.75 i.e 12 days AL/PL in the following year(1 day for each 20 days worked)
Answer to 2nd question:(as per law)
If the employee has worked for 6 months after confirmation, you will have to see whether that employee has worked for more the 2/3 of the total working days in those 6 months. For example if the total working days in that 6 months is 150 days and the employee has worked for 105 days during that period, then he/she will be entitled to 105/20=5.25 days i.e 5 days AL/PL. If the em[employee has worked for less the 2/3 (e.g. 90 days) of the working days then he/ she will not be entitled to any AL/PL
Hope the above explanation satisfies your query.
Regards
From India, New Delhi
For Awvik.
Dear
You yourself have written to follow The Factories Act then in that case the ratio of grant of leaves with wages of one for 20 days applies only when he have worked for 240 days in a calender year but in this case if the person have worker only for 235 days in the calender year then how he is entitled for 12 days leave. Plz go through leave with wages chapter VIII of the F Act,1948 & then guide us.
Regards,
R.N.Khola
Skylark Associates, Gurgaon(Haryana)
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
Dear
You yourself have written to follow The Factories Act then in that case the ratio of grant of leaves with wages of one for 20 days applies only when he have worked for 240 days in a calender year but in this case if the person have worker only for 235 days in the calender year then how he is entitled for 12 days leave. Plz go through leave with wages chapter VIII of the F Act,1948 & then guide us.
Regards,
R.N.Khola
Skylark Associates, Gurgaon(Haryana)
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
Dear Mr Khola,
I think you better need to go though the factories Act (sec 79 ) and clear your doubts on leave with wages. After all you are a legal consultant, and you should more alert on such issues before giving consultation to others.
Thanks and regards
From India, New Delhi
I think you better need to go though the factories Act (sec 79 ) and clear your doubts on leave with wages. After all you are a legal consultant, and you should more alert on such issues before giving consultation to others.
Thanks and regards
From India, New Delhi
Dear
O.K. I may be wrong in understanding your opinion. Different opinions are given by a number of H R group members then it doers not mean that they are not alert. Even then I have noted your suggestion & accordingly I withdraw my view point given on this query.
Thanks & regards Regards,
R.N.Khola
Skylark Associates, Gurgaon(Haryana)
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
O.K. I may be wrong in understanding your opinion. Different opinions are given by a number of H R group members then it doers not mean that they are not alert. Even then I have noted your suggestion & accordingly I withdraw my view point given on this query.
Thanks & regards Regards,
R.N.Khola
Skylark Associates, Gurgaon(Haryana)
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
Dear Awvik,
Instead of 12 PL/EL one will be entild to 11 leave for 235 days of working, i.e (235/20 = 11.75) so Eleven,
All senior members, correct me if I am wrong, Confirm also, if I am right .
Hitesh Dewan
From India
Instead of 12 PL/EL one will be entild to 11 leave for 235 days of working, i.e (235/20 = 11.75) so Eleven,
All senior members, correct me if I am wrong, Confirm also, if I am right .
Hitesh Dewan
From India
Dear Awvik,
I want to share one point with you. Correct me if i am wrong. Assume that A joined 1st Dec,08. So he must be eligible for 1 day of EL for the next year on pro-rata basis. As he is satisfying 2/3 rd of remaining days in the previous calander year. Is that the way we should consider.
Regards,
Ravindranath
From India, Hyderabad
I want to share one point with you. Correct me if i am wrong. Assume that A joined 1st Dec,08. So he must be eligible for 1 day of EL for the next year on pro-rata basis. As he is satisfying 2/3 rd of remaining days in the previous calander year. Is that the way we should consider.
Regards,
Ravindranath
From India, Hyderabad
Whether this criterion of 240 days is also applicable to employees of contractor working in factories of Principal employer. Can we, as a principal employer, force contractor to follow this criterion????
I'm sure about 50 employees have been deployed by contractor and no paid leave is being granted to them. And even they are being paid for 26 days a month only.
pls reply
From India, Calcutta
I'm sure about 50 employees have been deployed by contractor and no paid leave is being granted to them. And even they are being paid for 26 days a month only.
pls reply
From India, Calcutta
I fully agree with your opinion about Section 79. 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 ......
When 240 days is prescribed by the Act, how a person worked only 235 days eligible for leave ?
From India, Madras
When 240 days is prescribed by the Act, how a person worked only 235 days eligible for leave ?
From India, Madras
Dear Mr. Kutty,
I understand that you have all read Sec 79 of the factories Act 1948 but the truth of the matter is you have not understood the implications of the Act. I do have full sympathy in you cause not all people understand the language of law. Please go through the Sec carefully before drawing your conclusions on the said section.
Regards
From India, New Delhi
I understand that you have all read Sec 79 of the factories Act 1948 but the truth of the matter is you have not understood the implications of the Act. I do have full sympathy in you cause not all people understand the language of law. Please go through the Sec carefully before drawing your conclusions on the said section.
Regards
From India, New Delhi
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