Hello All, As per the Factories Act, Leave eligibility is 1 paid leave per 20 working days? So is it excluding Sundays and 10 mandatory holidays? Regards, Priya
From India, Bengaluru
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KK!HR
1656

It is towards working days and one has to be working for 20 days to earn the leave.
From India, Mumbai
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For the purpose of computing number of days of leave accumulated in a year, the Sundays, holidays and weekly off are counted as working days.
From India, Mumbai
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If am I not mistaken leave days are only 15 days which you can select like independence day,
From India
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Mr. Pillai,

There is no restriction on the number of days of leave the factory can have. For the number of holidays, you need to see the standing orders applicable. The question the OP has is in computing paid leave, (1 for 20 days) should you include the weekly off or not.

From India, Mumbai
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Sec-79 of the Factories Act 1948 clearly states that every worker who has worked for a period of 240 days or more in a factory 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 the worker during the previous calendar year.

To qualify for the 240 days, the leave earned in the year prior to that in which the leave is enjoyed. For a female worker on maternity leave, any days of layoff shall be deemed to be days on which the worker has worked in a factory for the purpose of computing the period of 240 days or more, but the worker shall not earn leave for those days.

In the case of joining or leaving in between the year, then two-thirds of the calendar year will be considered as the qualifying limit.

As mentioned in one of the above posts, in a year, one worker can work a maximum of 365 - 52 = 313 - say 12 (as paid holidays) = 301 days. Therefore, the maximum leave earning will be 301 / 20 = 15 days, which is correct.

S K Bandyopadhyay (WB, Howrah) CEO - USD HR Solutions +91 98310 81531 USD HR Solutions – To strive towards excellence with effort and integrity

From India, New Delhi
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