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Dear Mr. Mrithyunjay,
Legally, there are no distinct leave policies specific to contract labor.
The leave rules applicable to employees of the principal employer also apply to contract labor.
These rules may be in accordance with the provisions of the Factories Act or the Shop Act whichever is applicable.
From India, Bangalore
Legally, there are no distinct leave policies specific to contract labor.
The leave rules applicable to employees of the principal employer also apply to contract labor.
These rules may be in accordance with the provisions of the Factories Act or the Shop Act whichever is applicable.
From India, Bangalore
While agreeing Srinivas about the applicability of leaves to contract labour as per Factories Act or Shops Act as the case may be, I would differ that the contract labour should be entitled to the same leaves as the regular employees get. It is not necessary that the contract labour should get the same number of leaves because the regular workers' leaves will be governed mainly by settlements rather than Law. The settlements will be exclusively for the regular workers and this cannot be extended to contract workers. However, they are entitled to leave as per Factories Act, if they are working in factories or as per Shops...Act if they are working is offices.
From India, Kannur
From India, Kannur
Dear Mr. Mrithyunjay,
A workman gets a one leave per 20 days working. The accumulated leaves get paid at the end of calender year.
Different state Govt have different rules for the leave need to adhere.
That the leave rules of the Principal Employer is not applicable to contract labor, in general. But, only applicable, if the work order issued having terms and the proviso made in certified standing orders of PE.
The rules are in accordance to the provisions of the Factories Act or Mines Act or the Shop Act or B&OCW Act.
From India, Mumbai
A workman gets a one leave per 20 days working. The accumulated leaves get paid at the end of calender year.
Different state Govt have different rules for the leave need to adhere.
That the leave rules of the Principal Employer is not applicable to contract labor, in general. But, only applicable, if the work order issued having terms and the proviso made in certified standing orders of PE.
The rules are in accordance to the provisions of the Factories Act or Mines Act or the Shop Act or B&OCW Act.
From India, Mumbai
The Contract Labor ( Regulation and abolition ) Act,1970 is both a regulatory and prohibitive piece of legislation pertaining to the system of contract labor in India. As a liquid like water assumes the shape of its container, the working conditions of contract labor are derived from the provisions of the establishment-specific labor law applicable to the principal employer's establishment where they are engaged through the contractor. So is the types and scales of leave to any contract labor as explained by the above learned members.
From India, Salem
From India, Salem
@ Mr. Madhu T K, To clarify, Mr. Mrithyunjay specifically inquired about leaves stipulated by the law. Therefore, my response was focused on the leaves granted under the Shop Act or Factories Act.
From India, Bangalore
From India, Bangalore
I know and that is why I have agreed to your observation that the same number of and types of leave as are available under the respective Act are available to contract labours. But my disagreement was on the point that the contract workers should get leaves at par with regular workers because the latter would get better leaves than what is provided under the Act by way of settlements and these settlements will not be binding on the contract workers.
From India, Kannur
From India, Kannur
"The accumulated leaves get paid at the end of calendar year."-- This is not what the Acts--Factory or Establishment Acts State .
EL can be accumulated and gets encased at time of parting
Yes , in few organizations, they are encashed but that can not be taken as a mandatory
From India, Delhi
EL can be accumulated and gets encased at time of parting
Yes , in few organizations, they are encashed but that can not be taken as a mandatory
From India, Delhi
"The accumulated leaves get paid at the end of calendar year."-- This is not what the Acts--Factory or Establishment Acts State .
EL can be accumulated and gets encased at time of parting
Yes , in few organizations, they are encashed but that can not be taken as a mandatory
From India, Delhi
EL can be accumulated and gets encased at time of parting
Yes , in few organizations, they are encashed but that can not be taken as a mandatory
From India, Delhi
A workman under contractor on his exit from services receives wages for the month+ Bonus if any, if exit on own accord. In case of retrenchment, notice pay or Retrenchment compensation,if eligible.The act & rules have not envisaged any Form or Register for maintaining leaves. So carry over leaves to next calendar year is out of question. The contractor paid all receivable to workman by the end of calendar year & submits as annual return.
From India, Mumbai
From India, Mumbai
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Leave Policy.doc