I needed Factories act 1976 Chapter III for earned leave wages. Please folks if you have please share it. Regards Pandiyan
From India, Madurai
18From India, Madurai
I think a simple google search would have given you the answer.
Why do you want people to share it with you when there are copies available on so many sites and in fact even in this forum ?
At least make an effort
From India, Mumbai
Why do you want people to share it with you when there are copies available on so many sites and in fact even in this forum ?
At least make an effort
From India, Mumbai
Dear Ganesh Sir,
Appreciate your clear communication on Leave encashment, I have one query regarding calculation of Leave encashment as per Factory Act.
Gross wage component having Basic, HRA, Special Allow.
While calculation of Leave encashment, we have to consider Gross or Basic ( basic is as per Minimum wage of state)
If you or any expert guide me for above query, Reply/ suggestion will be based as per Factory Act only.
Regards
From India, Surat
Appreciate your clear communication on Leave encashment, I have one query regarding calculation of Leave encashment as per Factory Act.
Gross wage component having Basic, HRA, Special Allow.
While calculation of Leave encashment, we have to consider Gross or Basic ( basic is as per Minimum wage of state)
If you or any expert guide me for above query, Reply/ suggestion will be based as per Factory Act only.
Regards
From India, Surat
Dear Sri Consultancy :
If you don't mind I would like to alter your above explanations as under:-
1. Your explanation - Eligibility: An employee can get 1 earned leave on very 20 working days.
My correction ...... an employee earns 1 day earned leave on every 20 working days.
2. Your view - In generally earned leaves will be accumulated maximum of 30 days , beyond 30 days all earned leaves are encashed in 1 st Jan of every year...................
My correction - Please note that their is no such provision made in the Factories Act, 1948. The leaves are carried forward subject to maximum 30 days for the succeeding year (The limit of 30 EL will not be applicable where leave have been refused The quantum of refused leaves is added to the limit of 30 days ) and remaining balance leaves are lapsed. It is the sole discretion of the factory management to in cash in lieu thereof considering various aspects like if you have been refused to avail or curtailed the requisitioned leaves and above all to motivate employees not to avail leaves only to exhaust the balance.
We should clarify the provisions laid down in the act first and then practical or prevailing practices should be discussed which may be more beneficial to the community please.
P K Sharma
From India, Delhi
If you don't mind I would like to alter your above explanations as under:-
1. Your explanation - Eligibility: An employee can get 1 earned leave on very 20 working days.
My correction ...... an employee earns 1 day earned leave on every 20 working days.
2. Your view - In generally earned leaves will be accumulated maximum of 30 days , beyond 30 days all earned leaves are encashed in 1 st Jan of every year...................
My correction - Please note that their is no such provision made in the Factories Act, 1948. The leaves are carried forward subject to maximum 30 days for the succeeding year (The limit of 30 EL will not be applicable where leave have been refused The quantum of refused leaves is added to the limit of 30 days ) and remaining balance leaves are lapsed. It is the sole discretion of the factory management to in cash in lieu thereof considering various aspects like if you have been refused to avail or curtailed the requisitioned leaves and above all to motivate employees not to avail leaves only to exhaust the balance.
We should clarify the provisions laid down in the act first and then practical or prevailing practices should be discussed which may be more beneficial to the community please.
P K Sharma
From India, Delhi
Dear Sir
Earned Leave calculation method;
No of days physically worked/20 for example X worked for 270 days 270/20=13.5 to be rounded off to 14 This is considered from Jan to Dec. If suppose joined in middle of the months, 2/3rd worked days.More over 240days to be compelled.If old employee, if avails cl, Earned leave or ESI OR MATERNITY LEAVE LAY OFF TO BE ADDED to worked days.
If suppose he worked for 200 days+EL 10+CL 10.Then he is eligible for EARNED LEAVE 200/20=10 DAYS
NOW HOW TO CALCULATE EARNED LEAVE WAGES ACTUAL BASIC+D.A(FIXED D.A,VARIABLE D.A,SERVICE WEITAGE,VDA ARREARS)/26* NO OF DAYS
With Regards
V.Subbarao
From India, Madras
Earned Leave calculation method;
No of days physically worked/20 for example X worked for 270 days 270/20=13.5 to be rounded off to 14 This is considered from Jan to Dec. If suppose joined in middle of the months, 2/3rd worked days.More over 240days to be compelled.If old employee, if avails cl, Earned leave or ESI OR MATERNITY LEAVE LAY OFF TO BE ADDED to worked days.
If suppose he worked for 200 days+EL 10+CL 10.Then he is eligible for EARNED LEAVE 200/20=10 DAYS
NOW HOW TO CALCULATE EARNED LEAVE WAGES ACTUAL BASIC+D.A(FIXED D.A,VARIABLE D.A,SERVICE WEITAGE,VDA ARREARS)/26* NO OF DAYS
With Regards
V.Subbarao
From India, Madras
Dear V Subarao,
While calculating 240 days or 2/3rd criteria, we have to consider his actual working days, any lay off, Maternity benefit in case of female employee and Earned leave enjoyed which he earned in previous year.
However, leave will be earned only on his actual working days.
P K Sharma
From India, Delhi
While calculating 240 days or 2/3rd criteria, we have to consider his actual working days, any lay off, Maternity benefit in case of female employee and Earned leave enjoyed which he earned in previous year.
However, leave will be earned only on his actual working days.
P K Sharma
From India, Delhi
Nice compilation for Sh. Ganesh but i differ in the matter of encashment i.e encashment was done on full wages instead of Basic+da and formula should be rate of salary or wages/26 * no. of EL .
Thanks & Regards,
From
Sumit Kumar Saxena
From India, Ghaziabad
Thanks & Regards,
From
Sumit Kumar Saxena
From India, Ghaziabad
Dear Mr. Saxena, Earned leave is encashed on BASIC & DA as the person concerned had drawn his eligible allowances in his monthly wage / salary. P K Sharma
From India, Delhi
From India, Delhi
Dear All,
Different views on calculation of amount of EL, if some one add his view with proper justification as per factory Act.
Leave encashment will be on ( Basic+DA) or on gross salary having (Basic + Special Allow.)
Please guide.
From India, Surat
Different views on calculation of amount of EL, if some one add his view with proper justification as per factory Act.
Leave encashment will be on ( Basic+DA) or on gross salary having (Basic + Special Allow.)
Please guide.
From India, Surat
Dear Friends
There are no any means to be adhere Factory Act for Calculation of EL / Leave Encashment. The wage which attract for contribution of PF Contribution or Wage Component under the payment of Minimum Wages will be taken in calculation.
Thus Leave Encashment = Rate Of Pay ( Wages Component as per MW Act)
----------------------------------------------------------------- x Earned Leave . 30 be encahed.
Thanks
From India
There are no any means to be adhere Factory Act for Calculation of EL / Leave Encashment. The wage which attract for contribution of PF Contribution or Wage Component under the payment of Minimum Wages will be taken in calculation.
Thus Leave Encashment = Rate Of Pay ( Wages Component as per MW Act)
----------------------------------------------------------------- x Earned Leave . 30 be encahed.
Thanks
From India
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Chapter III - Organisational Environment.ppt
Factories Act.doc