4
HI,
if we go through the above post ,according to shop and establishment act - a company can just credit 12 EL in a year but what about carrying forward of these ELs .. what is the maximum that an employee can accumulate in his service .. can these leaves be encashed after a set period of employment with particular company .how many can be encashed
Thanks
Shweta
From India, Faridabad
if we go through the above post ,according to shop and establishment act - a company can just credit 12 EL in a year but what about carrying forward of these ELs .. what is the maximum that an employee can accumulate in his service .. can these leaves be encashed after a set period of employment with particular company .how many can be encashed
Thanks
Shweta
From India, Faridabad
Dear SRINIVAS,
See the below rules of EL, In short you can get one EL after 20 working days.
Annual leave with wages.— (1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of—
(i) if an adult, one day for every twenty days of work performed by him during the previous calendar year;
(ii) if a child, one day for every fifteen days of work performed by him during the previous calendar year.
Explanation 1.—For the purpose of this sub-section-
(a) any days of lay off, by agreement or contract or as permissible under the standing orders;
(b) in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and
(c) the leave earned in the year prior to that in which the leave is enjoyed;
shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.
Explanation 2.— The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.
(2) A worker whose service commences otherwise than on the first day of
January shall be entitled to leave with wages at the rate laid down in clause (i) or, as
the case may be, clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calendar year.
1[(3) 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 calendar 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 rates 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—
(i) where the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal or quitting; and
(ii) where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death.]
(4) In calculating leave under this section, fraction of leave of half a day or more shall be treated as one full day’s leave, and fraction of less than half a day shall be omitted.
(5) If a worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year:
Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child:
Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub-sections (8) and (9) 2[or in contravention of sub-section (10)] shall be entitled to carry forward the 3[leave refused] without any limit.
(6) A worker may at any time apply in writing to the manager of a factory not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year: Provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to begin, if he is employed in a public utility service as defined in clause (n) of section 2 of the Industrial Disputes Act, 1947: (14 of 1947.)
Provided further that the number of times in which leave may be taken during any year shall not exceed three.
(7) If a worker wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in sub-section (6); and in such a case wages as admissible under section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty days from the date of the application for leave.
(8) For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee constituted under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with the Chief Inspector a scheme in writing whereby the grant of leave allowable under this section may be regulated.
(9) A scheme lodged under sub-section (8) shall be displayed at some conspicuous and convenient places in the factory and shall be in force for a period of twelve months from the date on which it comes into force, and may thereafter be renewed with or without modification for a further period of twelve months at a time, by the manager in agreement with the Works Committee or a similar Committee, or as the case may be, in agreement with the representatives of the workers as specified in sub-section (8), and a notice of renewal shall be sent to the Chief Inspector before it is renewed.
(10) An application for leave which does not contravene the provisions of sub-section (6) shall not be refused, unless refusal is in accordance with the scheme for the time being in operation under sub-sections (8) and (9).
(11) If the employment of a worker who is entitled to leave under sub- section (1) or sub-section (2), as the case may be, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment before he has taken the leave, the occupier of the factory shall pay him the amount payable under section 80 in respect of the leave not taken, and such payment shall be made, where the employment of the worker is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker who quits his employment, on or before the next pay day.
(12) The unavailed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.
Amit Insha
From India, Delhi
See the below rules of EL, In short you can get one EL after 20 working days.
Annual leave with wages.— (1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of—
(i) if an adult, one day for every twenty days of work performed by him during the previous calendar year;
(ii) if a child, one day for every fifteen days of work performed by him during the previous calendar year.
Explanation 1.—For the purpose of this sub-section-
(a) any days of lay off, by agreement or contract or as permissible under the standing orders;
(b) in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and
(c) the leave earned in the year prior to that in which the leave is enjoyed;
shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.
Explanation 2.— The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.
(2) A worker whose service commences otherwise than on the first day of
January shall be entitled to leave with wages at the rate laid down in clause (i) or, as
the case may be, clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calendar year.
1[(3) 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 calendar 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 rates 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—
(i) where the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal or quitting; and
(ii) where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death.]
(4) In calculating leave under this section, fraction of leave of half a day or more shall be treated as one full day’s leave, and fraction of less than half a day shall be omitted.
(5) If a worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year:
Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child:
Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub-sections (8) and (9) 2[or in contravention of sub-section (10)] shall be entitled to carry forward the 3[leave refused] without any limit.
(6) A worker may at any time apply in writing to the manager of a factory not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year: Provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to begin, if he is employed in a public utility service as defined in clause (n) of section 2 of the Industrial Disputes Act, 1947: (14 of 1947.)
Provided further that the number of times in which leave may be taken during any year shall not exceed three.
(7) If a worker wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in sub-section (6); and in such a case wages as admissible under section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty days from the date of the application for leave.
(8) For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee constituted under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with the Chief Inspector a scheme in writing whereby the grant of leave allowable under this section may be regulated.
(9) A scheme lodged under sub-section (8) shall be displayed at some conspicuous and convenient places in the factory and shall be in force for a period of twelve months from the date on which it comes into force, and may thereafter be renewed with or without modification for a further period of twelve months at a time, by the manager in agreement with the Works Committee or a similar Committee, or as the case may be, in agreement with the representatives of the workers as specified in sub-section (8), and a notice of renewal shall be sent to the Chief Inspector before it is renewed.
(10) An application for leave which does not contravene the provisions of sub-section (6) shall not be refused, unless refusal is in accordance with the scheme for the time being in operation under sub-sections (8) and (9).
(11) If the employment of a worker who is entitled to leave under sub- section (1) or sub-section (2), as the case may be, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment before he has taken the leave, the occupier of the factory shall pay him the amount payable under section 80 in respect of the leave not taken, and such payment shall be made, where the employment of the worker is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker who quits his employment, on or before the next pay day.
(12) The unavailed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.
Amit Insha
From India, Delhi
Dear Kartick
Please purchase a book of the Tamil Nadu Shops & Establishment bare act from a book vendor. Additionally Tamil Nadu also has its own Tamil Nadu National Holidays & Festivals Act. Suggest you purchase this also.
Exact regulatory guidelines will be given in these two acts on the number of Earned leaves, Sick Leave, Casual Leave and Holidays to be given to an employee.
Per information currently available on the citehr site & google sources, Tamil Nadu has 12 EL, 12 CL and 12 SL + 3 National & 5 Festival holidays. EL can only be availed after completion of 12 months of contiuous service and can be accumulated up to 24 days.
Every state has its own say on how many leaves an employee is eligible to and therefore there is no uniformity in the number of leaves that may be given to an employee.
Holidays appearing within the Earned leave period are generally counted as Earned leave and not treated separately as Holidays. This appears specifically in the Bombay Shops & Establishment Act, Chapter VII, Clause 35, b....
"....The leave allowed to an employee under clauses (a) and (b) shall be inclusive of the day or days during the period of such leave, on which a shop, or commercial establishment remains closed under sub-section (1) of section 18, or on which he is entitled to a holiday under sub-section (1) of section 24 or section 31....."
I am not sure if Tamil Nadu Shops & Establishment specifies this, hence you need to procure the Bare Act.
regards
Rose S
From India, Mumbai
Please purchase a book of the Tamil Nadu Shops & Establishment bare act from a book vendor. Additionally Tamil Nadu also has its own Tamil Nadu National Holidays & Festivals Act. Suggest you purchase this also.
Exact regulatory guidelines will be given in these two acts on the number of Earned leaves, Sick Leave, Casual Leave and Holidays to be given to an employee.
Per information currently available on the citehr site & google sources, Tamil Nadu has 12 EL, 12 CL and 12 SL + 3 National & 5 Festival holidays. EL can only be availed after completion of 12 months of contiuous service and can be accumulated up to 24 days.
Every state has its own say on how many leaves an employee is eligible to and therefore there is no uniformity in the number of leaves that may be given to an employee.
Holidays appearing within the Earned leave period are generally counted as Earned leave and not treated separately as Holidays. This appears specifically in the Bombay Shops & Establishment Act, Chapter VII, Clause 35, b....
"....The leave allowed to an employee under clauses (a) and (b) shall be inclusive of the day or days during the period of such leave, on which a shop, or commercial establishment remains closed under sub-section (1) of section 18, or on which he is entitled to a holiday under sub-section (1) of section 24 or section 31....."
I am not sure if Tamil Nadu Shops & Establishment specifies this, hence you need to procure the Bare Act.
regards
Rose S
From India, Mumbai
Dear All,
As per AP SHOPS & ESTABLISHMENT ACT aN Employee will have 12 CL &12 SL.
if the employee is working continuously 240 days he/she will eligible for Earned leaves i.e 15 days per anum.
CL will lapse at the end of the financial year
SL Will carry forward to the next year.
Leave encashment calulation = Gross salary/30 * no.of paid leaves or basic salary/26*no.of paid leaves
Regards
Charvaka Reddy
From India, Hyderabad
As per AP SHOPS & ESTABLISHMENT ACT aN Employee will have 12 CL &12 SL.
if the employee is working continuously 240 days he/she will eligible for Earned leaves i.e 15 days per anum.
CL will lapse at the end of the financial year
SL Will carry forward to the next year.
Leave encashment calulation = Gross salary/30 * no.of paid leaves or basic salary/26*no.of paid leaves
Regards
Charvaka Reddy
From India, Hyderabad
Dear Shweta,
If your unit is situated in Haryana & you are covered the Shops Act then go through section 14 of the Punjab Shops & Commercial Establishment Act, 1958 as applicable to the State of Haryana. If the number of employees is less than ten then you are to grant maternity benefit as section 31 of this Act & if the strength is ten or more then in that case adhere to Maternity Benefit Act, 1961. If your management is interested in giving additional leaves under any of the heads then you are to make Rules/ policy otherwise grant leaves as per the applicable Act & Rules.
With Regards,
R.N.Khola
From India, Delhi
If your unit is situated in Haryana & you are covered the Shops Act then go through section 14 of the Punjab Shops & Commercial Establishment Act, 1958 as applicable to the State of Haryana. If the number of employees is less than ten then you are to grant maternity benefit as section 31 of this Act & if the strength is ten or more then in that case adhere to Maternity Benefit Act, 1961. If your management is interested in giving additional leaves under any of the heads then you are to make Rules/ policy otherwise grant leaves as per the applicable Act & Rules.
With Regards,
R.N.Khola
From India, Delhi
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