The Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017
Section 18 of The Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 reads as follows:
CHAPTER IV
LEAVE WITH PAY AND PAYMENT OF WAGES
18. Leave
(1) Every worker shall be allowed a weekly holiday with wages.
(2) Every worker shall be entitled to eight days of casual leave with wages in every calendar year, which shall be credited to the worker's account on a quarterly basis but shall lapse if unavailed at the end of the year.
(3) Every worker who has worked for a period of two hundred and forty days or more in an establishment 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 one day for every twenty days of work performed by him during the previous calendar year.
(4) Subject to the provision of clause (3), every worker who has been employed for not less than three months in any year shall, for every sixty days on which he has worked during the year, be allowed leave, consecutive or otherwise, for a period of not more than five days.
(5) Every worker shall be permitted to accumulate earned leave up to a maximum of forty-five days.
(6) Where the employer refuses to sanction the leave under sub-section (3) which is due when applied for fifteen days in advance, then the worker shall have the right to encash leave in excess of forty-five days:
Provided that if a worker is entitled to leave other than casual and festival leave under this section, is discharged by his employer before he has been allowed the leave, or if, having applied for and having been refused the leave, he quits his employment on account of retirement, resignation, death, or permanent disability, the employer shall pay him full wages for the period of leave due to him.
(7) A worker shall be entitled to eight paid festival holidays in a calendar year, namely, 26th January, 1st May, 15th August, and 2nd October, and four such other festival holidays as may be agreed to between the employer and the workers as per the nature of business, before the commencement of the year. For a holiday on these days, he shall be paid wages at a rate equivalent to the daily average of his wages (excluding overtime), which he earns during the month in which such compulsory holidays fall:
Provided that the employer may require any worker to work in the establishment on all or any of these days, subject to the conditions that for such work, the worker shall be paid double the amount of the daily average wages and also leave on any other day in lieu of the compulsory holiday.
(8) For the purpose of sub-section (3),
(a) any days of lay-off, by agreement or contract or as permissible under the model standing orders or standing order certified under the Industrial Employment (Standing Orders) Act, 1946;
(b) in the case of a woman worker, maternity leave as provided for in the Maternity Benefits Act, 1961;
(c) the leave earned in the year prior to that in which the leave is availed; or
(d) the worker has been absent due to temporary disablement caused by an accident arising out of and in the course of his employment,
shall be deemed to be days on which the worker has worked in any establishment for the purpose of the computation of the period of two hundred and forty days or more but shall not earn leave for these days.
(9) The leave admissible under this section shall be exclusive of all holidays whether occurring during or at the end of the period of leave.
(10) Every worker shall be paid for the period of his leave earned under sub-sections (3) and (4) at a rate equivalent to the daily average of his wages for the days on which he actually worked during the preceding three months, exclusive of any earnings in respect of overtime.
From India, Pune
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11Section 18 of The Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 reads as follows:
CHAPTER IV
LEAVE WITH PAY AND PAYMENT OF WAGES
18. Leave
(1) Every worker shall be allowed a weekly holiday with wages.
(2) Every worker shall be entitled to eight days of casual leave with wages in every calendar year, which shall be credited to the worker's account on a quarterly basis but shall lapse if unavailed at the end of the year.
(3) Every worker who has worked for a period of two hundred and forty days or more in an establishment 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 one day for every twenty days of work performed by him during the previous calendar year.
(4) Subject to the provision of clause (3), every worker who has been employed for not less than three months in any year shall, for every sixty days on which he has worked during the year, be allowed leave, consecutive or otherwise, for a period of not more than five days.
(5) Every worker shall be permitted to accumulate earned leave up to a maximum of forty-five days.
(6) Where the employer refuses to sanction the leave under sub-section (3) which is due when applied for fifteen days in advance, then the worker shall have the right to encash leave in excess of forty-five days:
Provided that if a worker is entitled to leave other than casual and festival leave under this section, is discharged by his employer before he has been allowed the leave, or if, having applied for and having been refused the leave, he quits his employment on account of retirement, resignation, death, or permanent disability, the employer shall pay him full wages for the period of leave due to him.
(7) A worker shall be entitled to eight paid festival holidays in a calendar year, namely, 26th January, 1st May, 15th August, and 2nd October, and four such other festival holidays as may be agreed to between the employer and the workers as per the nature of business, before the commencement of the year. For a holiday on these days, he shall be paid wages at a rate equivalent to the daily average of his wages (excluding overtime), which he earns during the month in which such compulsory holidays fall:
Provided that the employer may require any worker to work in the establishment on all or any of these days, subject to the conditions that for such work, the worker shall be paid double the amount of the daily average wages and also leave on any other day in lieu of the compulsory holiday.
(8) For the purpose of sub-section (3),
(a) any days of lay-off, by agreement or contract or as permissible under the model standing orders or standing order certified under the Industrial Employment (Standing Orders) Act, 1946;
(b) in the case of a woman worker, maternity leave as provided for in the Maternity Benefits Act, 1961;
(c) the leave earned in the year prior to that in which the leave is availed; or
(d) the worker has been absent due to temporary disablement caused by an accident arising out of and in the course of his employment,
shall be deemed to be days on which the worker has worked in any establishment for the purpose of the computation of the period of two hundred and forty days or more but shall not earn leave for these days.
(9) The leave admissible under this section shall be exclusive of all holidays whether occurring during or at the end of the period of leave.
(10) Every worker shall be paid for the period of his leave earned under sub-sections (3) and (4) at a rate equivalent to the daily average of his wages for the days on which he actually worked during the preceding three months, exclusive of any earnings in respect of overtime.
From India, Pune
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CHAPTER IV
LEAVE WITH PAY AND PAYMENT OF WAGES
(3) Every worker who has worked for a period of two hundred and forty days or more in an establishment 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 one day for every twenty days of work performed by him during the previous calendar year.
(4) Subject to the provision of clause (3) every worker, who has been employed for not less than three months in any year, shall for every sixty days on which he has worked during the year be allowed leave, consecutive
or otherwise, for a period of not more than five days.
(8) For the purpose of sub-section (3),—
(a) any days of lay-off, by agreement or contract or as permissible under the model standing orders or standing order certified under Industrial Employment (Standing Orders) Act, 1946;
(b) in the case of a woman worker, maternity leave as provided for in the Maternity Benefits Act, 1961;
(c) the leave earned in the year prior to that in which the leave is availed; or
(d) the worker has been absent due to temporary disablement caused by accident arising out of and in the course of his employment,
shall be deemed to be days on which the worker has worked in any establishment for the purpose of computation of the period of two hundred and forty days or more, but shall not earn leave for these days.
(9) The leave admissible under this section shall be exclusive of all holidays whether occurring during or either at the end of the period of leave.
Here, I am reproducing some of the provisions of section 18, MH Shop Act
Done a lot of research, but still awaiting some clarity on this.
My Questions are -
1) How can section 3 and Section 4 co-exist? As per section 3, the rate of leave is, One leave for every twenty days worked. As per section 4, it is One leave for every 12 days worked..
2) For the purpose of calculation of 240 days of work performed, should we include (add) section 8 a, b,c,d or should we exclude it.?? The above provision says, you should consider those days as "deemed to have worked", but can not earn leave on these days.
If we are considering these days in the calculation of 240 days, then the number of leaves will be based on that only..Seems totally confusing..
3) Can we include weekly offs and holidays in calculating 240 days of work performed? To clarify , can we consider that the employee has worked on these days (Weekoffs / holidays) for calculating 240 days?
For example, can I credit 18.25 leaves for a person who has worked for the full year of 365 days (365/20 = 18.25). Is this correct? Note: - Here i have considered all the intervening holidays and weekoffs "as work perfromed" for the calculation.
Can any legal expert help in interpreting this?
From India, Mumbai
Acknowledge(0)Amend(0)
LEAVE WITH PAY AND PAYMENT OF WAGES
(3) Every worker who has worked for a period of two hundred and forty days or more in an establishment 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 one day for every twenty days of work performed by him during the previous calendar year.
(4) Subject to the provision of clause (3) every worker, who has been employed for not less than three months in any year, shall for every sixty days on which he has worked during the year be allowed leave, consecutive
or otherwise, for a period of not more than five days.
(8) For the purpose of sub-section (3),—
(a) any days of lay-off, by agreement or contract or as permissible under the model standing orders or standing order certified under Industrial Employment (Standing Orders) Act, 1946;
(b) in the case of a woman worker, maternity leave as provided for in the Maternity Benefits Act, 1961;
(c) the leave earned in the year prior to that in which the leave is availed; or
(d) the worker has been absent due to temporary disablement caused by accident arising out of and in the course of his employment,
shall be deemed to be days on which the worker has worked in any establishment for the purpose of computation of the period of two hundred and forty days or more, but shall not earn leave for these days.
(9) The leave admissible under this section shall be exclusive of all holidays whether occurring during or either at the end of the period of leave.
Here, I am reproducing some of the provisions of section 18, MH Shop Act
Done a lot of research, but still awaiting some clarity on this.
My Questions are -
1) How can section 3 and Section 4 co-exist? As per section 3, the rate of leave is, One leave for every twenty days worked. As per section 4, it is One leave for every 12 days worked..
2) For the purpose of calculation of 240 days of work performed, should we include (add) section 8 a, b,c,d or should we exclude it.?? The above provision says, you should consider those days as "deemed to have worked", but can not earn leave on these days.
If we are considering these days in the calculation of 240 days, then the number of leaves will be based on that only..Seems totally confusing..
3) Can we include weekly offs and holidays in calculating 240 days of work performed? To clarify , can we consider that the employee has worked on these days (Weekoffs / holidays) for calculating 240 days?
For example, can I credit 18.25 leaves for a person who has worked for the full year of 365 days (365/20 = 18.25). Is this correct? Note: - Here i have considered all the intervening holidays and weekoffs "as work perfromed" for the calculation.
Can any legal expert help in interpreting this?
From India, Mumbai
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LEAVE RULES.doc