I want to know the criteria of eligibility of 240 days for the calculation of earned leave in a factory. Which leaves will be included – whether sick leave (SL), casual leave (CL), employee state insurance corporation (ESIC), and earned leave (EL) enjoyed during the last calendar year will be counted for next year's EL eligibility or not? Will general holidays (GH) and compensatory off (COFF) be added for the eligibility of 240 days? Does 240 days refer to physical presence or being in our employment?
From India, Mumbai
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From India, Mumbai
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Dear friend,
I would like you to go through the provisions of Section 79(1) of the Factories Act, 1948 once again. Any authorized leave of absence, holidays, and compensatory off admissible either under any law or under the contract of employment should be considered for all the purposes of employment as duty, including the computation of 240 days in a year. However, only such of those days would not enable the concerned employee to earn any E.L for those days of authorized absence on account of the contingencies specifically mentioned in Explanation 1 to s.s (1) of Section 79. Conclusively, these days of authorized absence determine the criterion only for "eligibility" but do not confer "entitlement" if any. "240 days" in relation to continuous service for any purpose, including the computation of EL, is a legal fiction that doesn't imply physical presence or actual work in the place of employment.
From India, Salem
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6108I would like you to go through the provisions of Section 79(1) of the Factories Act, 1948 once again. Any authorized leave of absence, holidays, and compensatory off admissible either under any law or under the contract of employment should be considered for all the purposes of employment as duty, including the computation of 240 days in a year. However, only such of those days would not enable the concerned employee to earn any E.L for those days of authorized absence on account of the contingencies specifically mentioned in Explanation 1 to s.s (1) of Section 79. Conclusively, these days of authorized absence determine the criterion only for "eligibility" but do not confer "entitlement" if any. "240 days" in relation to continuous service for any purpose, including the computation of EL, is a legal fiction that doesn't imply physical presence or actual work in the place of employment.
From India, Salem
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Factories Act 1948.ppt
Factories Act 1948.pdf