Dear Sir,
As per Factories act, 1948, Sec.79,
Is employer not required to give any leaves to employees for first calendar year (Employee Joined year).
For ex.: (i) If employee joins on 01/01/2017 and has worked 240 days or more in 2017, may employer sanction leave to him in 2018 and employer is not required to give any leave in 2017.
(ii) If employee joins on 01/07/2017 and obviously he can't work 240 days or more in 2017, In which calendar year, employer may sanction leave to him.
Please clarify
Thanks with Regards,
T.Thirumurugan
From India, Hyderabad
32As per Factories act, 1948, Sec.79,
Is employer not required to give any leaves to employees for first calendar year (Employee Joined year).
For ex.: (i) If employee joins on 01/01/2017 and has worked 240 days or more in 2017, may employer sanction leave to him in 2018 and employer is not required to give any leave in 2017.
(ii) If employee joins on 01/07/2017 and obviously he can't work 240 days or more in 2017, In which calendar year, employer may sanction leave to him.
Please clarify
Thanks with Regards,
T.Thirumurugan
From India, Hyderabad
If you follow the Factories Act, there is no leave during the first calendar year of service. That is an employee joins on 1st of January, 2017 will not be eligible for any leave for the entire 12 months. If he works for 240 paid days (paid days mean days for which wages has been paid and obviously will include weekly off days in the case of monthly paid employees) in 2017, his leave will be credited on 1st January, 2018 and the same will be one leave for every 20 days physically present for work.
Now, an employee who joins in between the year, say, 1st July, 2017, will also get annual leave on 1st January, 2018, provided he has worked for 120 paid days. He need not complete 240 days but the eligibility will be decided proportionately.
The above is purely theory but in practice there would be some arrangement or settlement with the Unions for more number of leaves and or provision of casual leaves right from the first year of joining. If we follow the Factories Act, an employee cannot avail his annual leave/ earned leave/ PL in case leave is required for a single day or tow days because under the Act, leave can be availed only for three times a year. Therefore, if you use it for a single day, you will lose one chance of taking the leave. In such scenario, there happens to be some other kind of leave, like CL which can be taken for a single day or even for half day.
Madhu.T.K
From India, Kannur
Now, an employee who joins in between the year, say, 1st July, 2017, will also get annual leave on 1st January, 2018, provided he has worked for 120 paid days. He need not complete 240 days but the eligibility will be decided proportionately.
The above is purely theory but in practice there would be some arrangement or settlement with the Unions for more number of leaves and or provision of casual leaves right from the first year of joining. If we follow the Factories Act, an employee cannot avail his annual leave/ earned leave/ PL in case leave is required for a single day or tow days because under the Act, leave can be availed only for three times a year. Therefore, if you use it for a single day, you will lose one chance of taking the leave. In such scenario, there happens to be some other kind of leave, like CL which can be taken for a single day or even for half day.
Madhu.T.K
From India, Kannur
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