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
From India, Warangal
Ms.Sajitha,
Please let me know whether your company was registered Under Factories Act or Shops & Establishment Act.
If it is registered under Factories Act then check the below draft.
As per 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 would mean 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 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 change. No substitution can however be made, in such a
way that it makes a worker to work for more than l0 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 equal number to the holidays so 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 has to be allowed, is prescribed by the State
Government.
ANNUAL LEAVE WITH WAGES (SECTION 79 TO 82)
Section 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 a longer annual leave with wages under provisions of
Section 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 of 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 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
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.
(2) 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)].
(3) In calculating leave period, 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 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 (Section 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, they 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 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, it is satisfied that
its own leave rules provide benefits, which are not less favourable to the
workers than that of the statutory leave rules.
From India, Madurai
15Please let me know whether your company was registered Under Factories Act or Shops & Establishment Act.
If it is registered under Factories Act then check the below draft.
As per 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 would mean 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 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 change. No substitution can however be made, in such a
way that it makes a worker to work for more than l0 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 equal number to the holidays so 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 has to be allowed, is prescribed by the State
Government.
ANNUAL LEAVE WITH WAGES (SECTION 79 TO 82)
Section 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 a longer annual leave with wages under provisions of
Section 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 of 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 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
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.
(2) 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)].
(3) In calculating leave period, 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 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 (Section 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, they 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 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, it is satisfied that
its own leave rules provide benefits, which are not less favourable to the
workers than that of the statutory leave rules.
From India, Madurai
Dear Srinivasan,
Units covered under Shops & Establishment Act also have provisions on grant & accumulation of earned leaves. This is a state Act & therefore go through your applicable State Shops Act for this purpose.
With Regards,
R.N.Khola
From India, Delhi
Units covered under Shops & Establishment Act also have provisions on grant & accumulation of earned leaves. This is a state Act & therefore go through your applicable State Shops Act for this purpose.
With Regards,
R.N.Khola
From India, Delhi
CiteHR is very good forum for sharing knowledge. the more you discuss the more you increase your own knowlege.
In fact I am not well versed with the computer operations and have no knowledge how to send and receive e-mail etc. Once I am used to and become well versed I shall participate in the discussions effectivly till then excuse me.
with regards
From India, Delhi
In fact I am not well versed with the computer operations and have no knowledge how to send and receive e-mail etc. Once I am used to and become well versed I shall participate in the discussions effectivly till then excuse me.
with regards
From India, Delhi
Dear Sir,
What about earned leave for offices, other that factories.
We have an Earned leave of 30 days inclusive of Sundays and Public Holidays.
We have to compulsarly take 15 days leave at a stretch, and one cannot accumuate more than 60 days. Re-imbursement of earned leave is permisabble subject ot a maximum of 15 days.
Ours is a Private Limited Company,
Could some one let me know what the law states,
Regards,
Ravi MENON.
How many days on Employee is eligible,
From India, Hyderabad
What about earned leave for offices, other that factories.
We have an Earned leave of 30 days inclusive of Sundays and Public Holidays.
We have to compulsarly take 15 days leave at a stretch, and one cannot accumuate more than 60 days. Re-imbursement of earned leave is permisabble subject ot a maximum of 15 days.
Ours is a Private Limited Company,
Could some one let me know what the law states,
Regards,
Ravi MENON.
How many days on Employee is eligible,
From India, Hyderabad
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LEAVE ENCASHMENT NOT INCLUDED IN WAGES FOR P. F. CALCULATION.pdf
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