Hi,
An employee joined the staff category and was on a probation period. His performance was poor; therefore, management extended his probation for a further 6 months. Again, his performance was examined and found to be poor, leading to an extension of his probation period for another 6 months. The employee, frustrated with the situation, left the organization after serving 1.6 months.
During the probation period, he did not take PL (EL) as per the rules. However, he left the company after three extensions of his probation period without receiving EL for the extended periods.
My question is whether an employee is eligible for EL for the period worked during any kind of extended probation period.
Please guide.
From United States, Southfield
2An employee joined the staff category and was on a probation period. His performance was poor; therefore, management extended his probation for a further 6 months. Again, his performance was examined and found to be poor, leading to an extension of his probation period for another 6 months. The employee, frustrated with the situation, left the organization after serving 1.6 months.
During the probation period, he did not take PL (EL) as per the rules. However, he left the company after three extensions of his probation period without receiving EL for the extended periods.
My question is whether an employee is eligible for EL for the period worked during any kind of extended probation period.
Please guide.
From United States, Southfield
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If his paid days comes under EL/PL criteria than he is eligible for it. In factory act 1948, minimum worked day is 240 days.
From India, Mumbai
From India, Mumbai
Great and thank you sir. it means No matter he is on probation or Not but he has to complete his 240 days and he will be eligible for EL even though he has been extended probation period for 2 times.
From United States, Southfield
From United States, Southfield
Dear Sudhir,
EL or PL or Annual Leave with Wages, as referred to under Section 79 of the Factories Act, 1948, is an accumulative leave calculated based on the number of days worked by the employee during the preceding 12-month period. This calculation is made with reference to the date of reckoning, subject to the condition that the total days worked must be at least 240. In simpler terms, this leave can be availed for the first time upon completion of one year or 12 months of service and thereafter. The employer is obligated to pay wages for the total number of days of accumulated leave at the employee's credit on the date of termination of employment, regardless of the reason. This legal provision applies to any legislation that offers such specific leave benefits.
Regarding your inquiry in this context, the unequivocal answer would be 'YES' only. The entitlement to earn EL is solely based on the number of days of service rendered, without consideration of employment status, such as probationary, under an extended probation period, permanent, or fixed-term contract employee.
Thank you.
From India, Salem
EL or PL or Annual Leave with Wages, as referred to under Section 79 of the Factories Act, 1948, is an accumulative leave calculated based on the number of days worked by the employee during the preceding 12-month period. This calculation is made with reference to the date of reckoning, subject to the condition that the total days worked must be at least 240. In simpler terms, this leave can be availed for the first time upon completion of one year or 12 months of service and thereafter. The employer is obligated to pay wages for the total number of days of accumulated leave at the employee's credit on the date of termination of employment, regardless of the reason. This legal provision applies to any legislation that offers such specific leave benefits.
Regarding your inquiry in this context, the unequivocal answer would be 'YES' only. The entitlement to earn EL is solely based on the number of days of service rendered, without consideration of employment status, such as probationary, under an extended probation period, permanent, or fixed-term contract employee.
Thank you.
From India, Salem
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