dear Sir / madam. i m working in a limited company , i have a problem regarding leaves given to employees
if any employees no. of working days are less than 240 days excluding weekly offs and national holidays
should he/she be eligible of encashment of earned leaves or not
From India, Ahmedabad
if any employees no. of working days are less than 240 days excluding weekly offs and national holidays
should he/she be eligible of encashment of earned leaves or not
From India, Ahmedabad
Dear Divyesh,
As per your narration the particular employee has worked in that year less than 240 days excluding the days availed as weekly-off and National holidays, right? If so, can you tell me whether the days of absence falling short of 240 days are just unathourised absence on account of no prior intimation or leave on loss of pay after duly informing the management? In case of unauthourised absence any disciplinary action was tasken against him? Since you have mentioned only the constitution of the establishment and not its type such as whether a shop or factory, I have to keep my answer simply very general. Firstly, eligibility for earned leave arises if and only if the employee has worked for 240 days or more in a calendar year or 2/3 of the total no of days in the remainder of the calendar year if his service commences on any day other than the first day of January.Secondly, no explicit or implied provision in any Law, if I remember correct,for encashment of earned leave other than in the event of termination of employment.
From India, Salem
6018As per your narration the particular employee has worked in that year less than 240 days excluding the days availed as weekly-off and National holidays, right? If so, can you tell me whether the days of absence falling short of 240 days are just unathourised absence on account of no prior intimation or leave on loss of pay after duly informing the management? In case of unauthourised absence any disciplinary action was tasken against him? Since you have mentioned only the constitution of the establishment and not its type such as whether a shop or factory, I have to keep my answer simply very general. Firstly, eligibility for earned leave arises if and only if the employee has worked for 240 days or more in a calendar year or 2/3 of the total no of days in the remainder of the calendar year if his service commences on any day other than the first day of January.Secondly, no explicit or implied provision in any Law, if I remember correct,for encashment of earned leave other than in the event of termination of employment.
From India, Salem
240 days is not excluding W/off and National Holidays, it is including both. If the employee has worked 240 days including W/off and National holiday they are entitled for Earned Leave. With regards to encashment please refer the Leave Policy of your company.
From India, Ahmadabad
From India, Ahmadabad
Dear Mr Saji, Your comments are totally wrong. I appreciate the valuable remarks of Shri Umakanthan.M which are correct. Regards
From India, Delhi
From India, Delhi
You mean to say that National Holidays and W/off are not considered as paid days ????
From India, Ahmadabad
From India, Ahmadabad
Firstly, eligibility for earned leave arises if and only if the employee has worked for 240 days or more in a calendar year or 2/3 of the total no of days in the remainder of the calendar year if his service commences on any day other than the first day of January
attribution https://www.citehr.com/497253-leave-...#ixzz35eM8Wj90
As mentioned by Shri Umakanthan if you calculate 2/3 of 365 days it comes to 243 days so as per Act also it is 240 days or more in a calendar year. If any person joining in between the calendar year it should be 2/3 of the total No. of days. I hope this clarifies the confusion.
From India, Ahmadabad
attribution https://www.citehr.com/497253-leave-...#ixzz35eM8Wj90
As mentioned by Shri Umakanthan if you calculate 2/3 of 365 days it comes to 243 days so as per Act also it is 240 days or more in a calendar year. If any person joining in between the calendar year it should be 2/3 of the total No. of days. I hope this clarifies the confusion.
From India, Ahmadabad
dear seniors are the workers in a factory eligible for casual leave or is it compulsion for a factory owner to allot casual leaves to labors/workers also???? if yes then how many casual leaves as per law (minimum and maximum)??
From India, Ahmedabad
From India, Ahmedabad
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