As per rule of Uttar Pradesh Factories Act 1948, & Standing Order of our Factory, we are providing leaves as follows: Paid Leave (National & Festival Holiday) = 9 Days, Casual Leave =6 days & Earned Leave as accrued by employees. Our Factory covered under ESIC & EPF. Employees exempt from ESIC (Salary above 15000/-) are getting 10 Days Medical Leave in lieu of ESIC. Our other concerns which covered under Shop & Commercial Establishments of Uttar Pradesh, & where No ESIC coverage, the employees getting benefit as: National/festival Leave=9 Days, Casual Leave =10 Days, Medical Leave =15 Days. NOW question arise that employees exempt from ESIC in U.P. factories Act are claiming Medial leave =15 day as per Shop Act Rule. Now there is big confusion…. Please help me someone to what to do in this case….
From India, Pune
78From India, Pune
Dear Member
Assuming that the establishment falls under the provisions of Factories Act and UP factory rules let us get it very clear that
1. Factories act and UP rules does not provide for any national and/ or festival holidays.
2. Factories act and UP rules does not provide for any CL or SL.
Now turning to Standing Orders, you may have to share the contents of the standing order applicable to your establishment to give any legal response by the members.
Now for giving medical leave as per the provisions of the Shops and Establishment, if the establishment is covered under the provisions of factories act, shops and establishment act will not become applicable and vise-a-versa.
One more thing that you may like to check out is , whether National Festivals and holidays act is applicable to UP and if so what do the provisions of the act say. Please note that all states have not adopted National Festivals and holidays act.
Hope this clarifies your doubts.
Regards
Preetam Deshpande
From India, Mumbai
Assuming that the establishment falls under the provisions of Factories Act and UP factory rules let us get it very clear that
1. Factories act and UP rules does not provide for any national and/ or festival holidays.
2. Factories act and UP rules does not provide for any CL or SL.
Now turning to Standing Orders, you may have to share the contents of the standing order applicable to your establishment to give any legal response by the members.
Now for giving medical leave as per the provisions of the Shops and Establishment, if the establishment is covered under the provisions of factories act, shops and establishment act will not become applicable and vise-a-versa.
One more thing that you may like to check out is , whether National Festivals and holidays act is applicable to UP and if so what do the provisions of the act say. Please note that all states have not adopted National Festivals and holidays act.
Hope this clarifies your doubts.
Regards
Preetam Deshpande
From India, Mumbai
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Factories Act.doc
LIST OF HOLIDAYS UNDER FACTORIES ACT - ANDHRA PRADESH.pdf