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Whether our entitled leaves will be treated as notional working hour or not?

(Querist) 23 July 2014 This query is : Resolved 
Sir, we are working in a PSU. Our duty hour is guided by the Factory Act, 1948 (Sec-51: WEEKLY HOURS. - No adult workers shall be required or allowed to work in a factory for more than forty-eight hours in any week) i.e. our daily working hour is 8 hrs and weekly working hour is 48 hours.

Sir, as per one rule of this PSU if an employee works as per the above section of Factory Act, 1948 he will be entitled to certain benefits in his monthly salary. Our PSU is giving that benefit in the monthly salary of any employee if he did not take any leave in that month. But when that employee is taking any leave in any month then he is not given that benefit in his monthly salary of that month. Our PSU rule didn’t say anything regarding denial of that benefit for taking leave. Our PSU’s justification is that as we are guided by the Factory Act, 1948 (Sec-51) when we are taking leaves we are not doing 48 hours duty in that week and we are not entitled that benefit in our monthly salary of that month though our PSU rule didn’t say anything in this regard.

Sir, our query is whether our Management is doing the right thing by denying that benefit for taking leave? Whether our entitled leaves will be treated as notional working hour or not? Sir, if possible pl clarify in details.

regards,

Arup


Guest (Expert) 23 July 2014
Incentives in any shape for dedication of employees towards productivity of the organisation is treated as ex-gratia and that is always at the discretion of the organisation. Leave and working hours are two distinct things. There is no such term of notional working hours without doing any work, when you don't work pysically to make any production for the organisation.
Sudhir Kumar, Advocate (Expert) 23 July 2014
agreed with Mr Dhingra
Raj Kumar Makkad (Expert) 23 July 2014
The way of reward adopted by your employer is accurate and it do no lack any malafide intention. It is always the discretion of the employer to provide over the normal salary to the employees keeping in view his more contribution towards his work.


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