U r right if an employees does not serve the organisation for 240 days he will not be eligible for EL.
Ans: if any employees does not serve the organisation for 240 days in a year he will not be eligible for EL but if he join the organisation in between the calender year & he has worked for 2/3 of the period. then he will be eligible for EL (As per sec. 79 (ii)of Factories Act 1948)
all answers are ok as I understand.
Regards
Satish
From India, Baleshwar
2Ans: if any employees does not serve the organisation for 240 days in a year he will not be eligible for EL but if he join the organisation in between the calender year & he has worked for 2/3 of the period. then he will be eligible for EL (As per sec. 79 (ii)of Factories Act 1948)
all answers are ok as I understand.
Regards
Satish
From India, Baleshwar
[Hi Sushma,
This rule has revised, as per labour we have to give one EL on each 20 working days.
Rgds/Jitender
U r right if an employees does not serve the organisation for 240 days he will not be eligible for EL.
Sushma[/quote]
From India, New Delhi
This rule has revised, as per labour we have to give one EL on each 20 working days.
Rgds/Jitender
U r right if an employees does not serve the organisation for 240 days he will not be eligible for EL.
Sushma[/quote]
From India, New Delhi
Dear V.Arunkumar and friends
Eventhough he joined in the middle of the calander year we have to give encashment for his eligible PL.
The factories Act, 1948 Section 79 Explanation II (3) says;
"If a worker is discharged or dismissed from service or quits his
employment or is superannuated or dies while in service, during
the course of the calander year, he or his heir or nominee, as the
case may be, shall be entitled to wages in lieu of the quantum of leave
to which he was entitled immediately before his
discharge,dismissal,quitting of employment,superannuation or death
calculated at the rate of specified in sub-section (1),even if he had not
worked for the entire period specified in sub-section (1) or sub section
(2) making him eligible to avail of such leave, and such payment shall
be made:-..........
-----------------------------------------------------------
he has not served notice period, am i have right to deduct the 1
month salary from leave or bonus payment.
Further we are not having any reight to deduct the notice period
bamount from the PL encashment
The Factories Act Section 79 (12) says that
The unavailed leave of a worker shall not be taken in to consideration in computing the period of any notice required to be given before discharge or dismissal.
Regards
alphonse :lol: :lol: :lol:
GTE
From India, Madras
Eventhough he joined in the middle of the calander year we have to give encashment for his eligible PL.
The factories Act, 1948 Section 79 Explanation II (3) says;
"If a worker is discharged or dismissed from service or quits his
employment or is superannuated or dies while in service, during
the course of the calander year, he or his heir or nominee, as the
case may be, shall be entitled to wages in lieu of the quantum of leave
to which he was entitled immediately before his
discharge,dismissal,quitting of employment,superannuation or death
calculated at the rate of specified in sub-section (1),even if he had not
worked for the entire period specified in sub-section (1) or sub section
(2) making him eligible to avail of such leave, and such payment shall
be made:-..........
-----------------------------------------------------------
he has not served notice period, am i have right to deduct the 1
month salary from leave or bonus payment.
Further we are not having any reight to deduct the notice period
bamount from the PL encashment
The Factories Act Section 79 (12) says that
The unavailed leave of a worker shall not be taken in to consideration in computing the period of any notice required to be given before discharge or dismissal.
Regards
alphonse :lol: :lol: :lol:
GTE
From India, Madras
Hi sushma,
is it compulsory to complete 240 days for PL entitlement- any specific reason. Because in our co. - PL is applicable on completion of one year of continuous service and it can be credited on the date of Confirmation.
Regards
Mrinal
From India, Mumbai
is it compulsory to complete 240 days for PL entitlement- any specific reason. Because in our co. - PL is applicable on completion of one year of continuous service and it can be credited on the date of Confirmation.
Regards
Mrinal
From India, Mumbai
hi prasanth...
1) irrespective of employee status whether confirmed or under probation...emp should be given full&final settlement as and when she/she resignees
2) & 3) As per bonus Act if his basic is greater than 3500/- we need not pay bonus...but if u have mentioned any thing about bonus in his appointment letter...you have to abide by that stipulation..whether it is 8.33% or any specified amt...with a condition that he should work more than 30 working days.
4) If your appointment letter clearly states about the notice period and the remedy incase of breach of contract...you have every right to deduct the short notice amount which will be calculated based on the terms agreed upon in the appointment letter...
Pls..let me know incase if you got a better solution in this regard...
cheers..
kk
From India, Mumbai
1) irrespective of employee status whether confirmed or under probation...emp should be given full&final settlement as and when she/she resignees
2) & 3) As per bonus Act if his basic is greater than 3500/- we need not pay bonus...but if u have mentioned any thing about bonus in his appointment letter...you have to abide by that stipulation..whether it is 8.33% or any specified amt...with a condition that he should work more than 30 working days.
4) If your appointment letter clearly states about the notice period and the remedy incase of breach of contract...you have every right to deduct the short notice amount which will be calculated based on the terms agreed upon in the appointment letter...
Pls..let me know incase if you got a better solution in this regard...
cheers..
kk
From India, Mumbai
hi Sushma...
PL calculation is as fallows
for every completed 17 days one PL should be credited...how ever its for our convenience we will credit the PLs at the end of the FY...say...after completing 12 months...
Pls correct me if iam wrong
From India, Mumbai
PL calculation is as fallows
for every completed 17 days one PL should be credited...how ever its for our convenience we will credit the PLs at the end of the FY...say...after completing 12 months...
Pls correct me if iam wrong
From India, Mumbai
Dear Arun & Sushma,
The employees needs to complete his 240 days for availing the leaves while he is in the employment. But when the employees leaves the organization , on prorata basis he is elegible to get encashment of leaves. (Only EL) incase of CL & SL it again depends on the leave policy of the company.
If i am wrong pl. update me.
Thanks,
Amit
From India, Mumbai
The employees needs to complete his 240 days for availing the leaves while he is in the employment. But when the employees leaves the organization , on prorata basis he is elegible to get encashment of leaves. (Only EL) incase of CL & SL it again depends on the leave policy of the company.
If i am wrong pl. update me.
Thanks,
Amit
From India, Mumbai
Dear Arun & Sushma,
I am clerifing the same. EL does not depend upon period of working. If he worked only for a month then he is also have the EL. EL is basically given to a confirmed employee, but before the confirmation if he leaves & the job the EL on prorata basis will be encashed. Suppose you have 30 days EL in a year but employee can avail EL only after completion of 6 mopnths or 240 days or one year. But if he leave the job after completion of two month s, he will be get encashment of EL with his Full & FInal; Settlement. E.g. 30(Total EL in a year) / 12 (months) i.e. 2.5 EL in a month * 2 month = 5 EL will be encashed with his Full & Final settlement.
Hope it is clear now.
Bibek Banerjee
From India, Calcutta
I am clerifing the same. EL does not depend upon period of working. If he worked only for a month then he is also have the EL. EL is basically given to a confirmed employee, but before the confirmation if he leaves & the job the EL on prorata basis will be encashed. Suppose you have 30 days EL in a year but employee can avail EL only after completion of 6 mopnths or 240 days or one year. But if he leave the job after completion of two month s, he will be get encashment of EL with his Full & FInal; Settlement. E.g. 30(Total EL in a year) / 12 (months) i.e. 2.5 EL in a month * 2 month = 5 EL will be encashed with his Full & Final settlement.
Hope it is clear now.
Bibek Banerjee
From India, Calcutta
Dear Prashant,
Below given answers to your questions
1. He is entitled for leave encashment if the leave is balalnce on his acount. Because he is confirmed and normally as per appointment order an employee is eligible to get the leave after confirmation.
2. I think he may be drawing salary ( Basic + D A ) more than Rs. 3500/- p.m. and he is not covered under the Bonus Act. If you are paying any exgratia/incentive to employee then it is discreation of the management to pay the same or not.
3. If the terms and conditions of his appointment order mentions about notice period, then his short notice period may be deducted from his leaves.
Regards,
Ashok Kuvalekar
Below given answers to your questions
1. He is entitled for leave encashment if the leave is balalnce on his acount. Because he is confirmed and normally as per appointment order an employee is eligible to get the leave after confirmation.
2. I think he may be drawing salary ( Basic + D A ) more than Rs. 3500/- p.m. and he is not covered under the Bonus Act. If you are paying any exgratia/incentive to employee then it is discreation of the management to pay the same or not.
3. If the terms and conditions of his appointment order mentions about notice period, then his short notice period may be deducted from his leaves.
Regards,
Ashok Kuvalekar
Dear Prashant,
Your question no 1 is
1) Whether he should be entitled for leave encashment in Full & final account e.g. CL/SL ?
Ans is only EL is encashable, and you will have to encash. And what is this CL ans SL, Casual Leaves and Sick leaves are not the leaves which come in category of encashment. Only Earned Leaves are encashable.
Your question no 2 and 3 are
2) Whether he should be entitled for Bonus ?
3) if yes then how much i mean 8.33% or the declared one ?
Yes he is entitled for Bonus same as it is applicable to other employees.
Your question no 4 is
4) he has not served notice period, am i have right to deduct the 1 month salary from leave or bonus payment.
and answer is YES, you will deduct notice pay from any source up to the limit of his Basic Salary.
Bibhutosh Bhadauria
From Australia, Balwyn
Your question no 1 is
1) Whether he should be entitled for leave encashment in Full & final account e.g. CL/SL ?
Ans is only EL is encashable, and you will have to encash. And what is this CL ans SL, Casual Leaves and Sick leaves are not the leaves which come in category of encashment. Only Earned Leaves are encashable.
Your question no 2 and 3 are
2) Whether he should be entitled for Bonus ?
3) if yes then how much i mean 8.33% or the declared one ?
Yes he is entitled for Bonus same as it is applicable to other employees.
Your question no 4 is
4) he has not served notice period, am i have right to deduct the 1 month salary from leave or bonus payment.
and answer is YES, you will deduct notice pay from any source up to the limit of his Basic Salary.
Bibhutosh Bhadauria
From Australia, Balwyn
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Full n final settlement.doc