Dear Rajesh,
It appears from you last post that your organization is Factory. My observations are as follows:-
1. As per factories act under sec-79 - Annual Leave with wages chapter there is no provision of hourly count of leave. Therefore, it has no legal acceptance as per factories act. It has to be counted in days and the leave record as per State factory rule to be maintained in days.
2. The organization's working hour is 5 * 9 = 45 hours instead of 47.5 hours. There is rest for 0.5 hr after working 5 hrs at a stretch as per factories act and 0.5*5 = 2.5 hrs is rest hours. Therefore, total hours including rest is 45 + 2.5 = 47.5 hrs per week.
3. The organization is allowing 22 days annual leave per year whether after fulfilling the eligibility criteria of 240 days ( in this case it should be less as it is 5 days week ) as per factories act - is not clear.
4. Hourly LWP or OT calculation is required which may be obtained by dividing daily rate with 9 ( in this case) but leave entitlement under any circumstances will not be on hourly basis.
Therefore, the Organization should not continue with a practice which is not accepted legally. Moreover, leave records as per factories act will not allow hourly basis rather it should be on day basis.
Thanks & regards,
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
USD HR Solutions – To Strive towards excellence with effort and integrity
From India, New Delhi
337It appears from you last post that your organization is Factory. My observations are as follows:-
1. As per factories act under sec-79 - Annual Leave with wages chapter there is no provision of hourly count of leave. Therefore, it has no legal acceptance as per factories act. It has to be counted in days and the leave record as per State factory rule to be maintained in days.
2. The organization's working hour is 5 * 9 = 45 hours instead of 47.5 hours. There is rest for 0.5 hr after working 5 hrs at a stretch as per factories act and 0.5*5 = 2.5 hrs is rest hours. Therefore, total hours including rest is 45 + 2.5 = 47.5 hrs per week.
3. The organization is allowing 22 days annual leave per year whether after fulfilling the eligibility criteria of 240 days ( in this case it should be less as it is 5 days week ) as per factories act - is not clear.
4. Hourly LWP or OT calculation is required which may be obtained by dividing daily rate with 9 ( in this case) but leave entitlement under any circumstances will not be on hourly basis.
Therefore, the Organization should not continue with a practice which is not accepted legally. Moreover, leave records as per factories act will not allow hourly basis rather it should be on day basis.
Thanks & regards,
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
USD HR Solutions – To Strive towards excellence with effort and integrity
From India, New Delhi
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Karnataka Leave.xlsx
LEAVE APPLICATION.doc