Suppose an employee has not worked for 240 days out of 365 days, including Sundays, holidays, and weekly offs.
1. Is he eligible for all types of leave and statutory benefits?
2. Will his leave be reversed?
3. How can we calculate PL/EL (as per the Factory Act 1948)?
From India, Hubli
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11. Is he eligible for all types of leave and statutory benefits?
2. Will his leave be reversed?
3. How can we calculate PL/EL (as per the Factory Act 1948)?
From India, Hubli
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Dear friend,
Please add the following criteria: Is the 240 days continuous leave without pay or with pay? Is it medical leave or absence from the workplace? Also, is any inquiry conducted regarding conduct or other related issues that will help to clarify the situation comprehensively.
Thank you.
From India, Arcot
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Please add the following criteria: Is the 240 days continuous leave without pay or with pay? Is it medical leave or absence from the workplace? Also, is any inquiry conducted regarding conduct or other related issues that will help to clarify the situation comprehensively.
Thank you.
From India, Arcot
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Dear friend, The eligibility of 240 days has been amended to 180 days from November,2015 onwards. Please see the amended factory act
From India, Ahmedabad
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From India, Ahmedabad
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Statutorily, only leave with wages is mentioned under the Act. There is no other type of leave unless you have extended it.
Please read the chapter on Leave with wages under the Act, which will explain your queries. Since leave is credited later, there is no question of its withdrawal. If an employee joins after 1st January and works for 2/3 days for the remainder of the year, they will be entitled to 1 day of leave for every day worked. This is because 240/365 = 2/3.
From India, Mumbai
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Please read the chapter on Leave with wages under the Act, which will explain your queries. Since leave is credited later, there is no question of its withdrawal. If an employee joins after 1st January and works for 2/3 days for the remainder of the year, they will be entitled to 1 day of leave for every day worked. This is because 240/365 = 2/3.
From India, Mumbai
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Dear Murthy,
Can you please share the amendment? I understand that there was a proposal to amend the Act in order to make workers who have worked for 90 days eligible to leave with wages.
Supposing that there has been no such amendment, I would like to clarify that an employee who has not worked for 240 days in the preceding year will not be eligible for any annual leave with wages. Since this is the only leave admissible as per the Factories Act, any leave that you grant to employees will be in addition to this leave, and that will continue to be available to the employee even if he has not worked for 240 days.
Now, I would also like to say that 240 days are inclusive of all weekly off days, paid leave days, maternity leave (in the case of women employees) days, lay-off days, and holidays. An employee who is eligible to get annual leave with wages will get one day for every 20 days physically present in the preceding year. For this, only the actual days physically present will be taken into account. For example, an employee has worked for 153 days in 2016 (12 months from January to December). He has taken some 20 days of PL. He was on leave due to employment injury for 5 days. There were 52 paid weekly off days and 10 holidays during 2016. Then he will be eligible to leave with wages in 2017 since the total days (paid days) he has worked is 240 days. He is said to have continuous service as per all labor laws also. However, his leave for the year 2017 will be restricted to one day for every 20 days physically present or 7 days only.
As already mentioned, this is the way in which continuous service is determined under the Payment of Gratuity Act or the Industrial Disputes Act. Therefore, if the total of days physically present, holidays, weekly off days, etc., falls short of 240 days, he is said to have interrupted service, and that year will not be counted for gratuity and retrenchment compensations.
There is no option for granting leave in advance. Therefore, if leave has already been granted, it cannot be recovered from the employee.
There is only one kind of leave under the Factories Act, and any leave that you grant will be additional only.
A serious concern: If the Factories Act is amended with a provision that leave is to be granted to workers who have worked for 90 days (or 180 days), most of the workers including casual laborers will get leave because there are at least 52 weekly off days, 10 holidays (in Kerala it is not less than 13 holidays as per the Kerala Industrial Establishments National and Festival Holidays Act), and obviously a few paid leaves!!
Madhu.T.K
From India, Kannur
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Can you please share the amendment? I understand that there was a proposal to amend the Act in order to make workers who have worked for 90 days eligible to leave with wages.
Supposing that there has been no such amendment, I would like to clarify that an employee who has not worked for 240 days in the preceding year will not be eligible for any annual leave with wages. Since this is the only leave admissible as per the Factories Act, any leave that you grant to employees will be in addition to this leave, and that will continue to be available to the employee even if he has not worked for 240 days.
Now, I would also like to say that 240 days are inclusive of all weekly off days, paid leave days, maternity leave (in the case of women employees) days, lay-off days, and holidays. An employee who is eligible to get annual leave with wages will get one day for every 20 days physically present in the preceding year. For this, only the actual days physically present will be taken into account. For example, an employee has worked for 153 days in 2016 (12 months from January to December). He has taken some 20 days of PL. He was on leave due to employment injury for 5 days. There were 52 paid weekly off days and 10 holidays during 2016. Then he will be eligible to leave with wages in 2017 since the total days (paid days) he has worked is 240 days. He is said to have continuous service as per all labor laws also. However, his leave for the year 2017 will be restricted to one day for every 20 days physically present or 7 days only.
As already mentioned, this is the way in which continuous service is determined under the Payment of Gratuity Act or the Industrial Disputes Act. Therefore, if the total of days physically present, holidays, weekly off days, etc., falls short of 240 days, he is said to have interrupted service, and that year will not be counted for gratuity and retrenchment compensations.
There is no option for granting leave in advance. Therefore, if leave has already been granted, it cannot be recovered from the employee.
There is only one kind of leave under the Factories Act, and any leave that you grant will be additional only.
A serious concern: If the Factories Act is amended with a provision that leave is to be granted to workers who have worked for 90 days (or 180 days), most of the workers including casual laborers will get leave because there are at least 52 weekly off days, 10 holidays (in Kerala it is not less than 13 holidays as per the Kerala Industrial Establishments National and Festival Holidays Act), and obviously a few paid leaves!!
Madhu.T.K
From India, Kannur
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Dear Mr. Madhu, Madhya Pradesh Govt. has amended the act in November,2015. Please find the amended notification attached herewith.
From India, Ahmedabad
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From India, Ahmedabad
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Thanks for sharing the state amendment. There is an amendment to the provision of working hours and spread over also. I am impressed that no trade union has raised any objection to this. Madhu.T.K
From India, Kannur
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From India, Kannur
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Yes you are right sir. Overtime limit is also increased to 125 hours in a quarter.
From India, Ahmedabad
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From India, Ahmedabad
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DEAR SIR, if any worker/employee left/resigned with in year how we calculate leave with wage un this case,
From India, Noida
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From India, Noida
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