Annual leave components and calculation
PBS KUMAR
(Querist) 31 March 2013
This query is : Resolved
Dear EXPERTS,
Please note as per the Factories Act, Sec,79 " EVERY WORKER WHO HAS WORKED FOR A PERIOD OF 240 DAYS OR MORE IN A FACTORY DURING A CALENDER YEAR SHALL BE ALLOWED DURING THE SUBSEQUENT CALENDER YEAR, LEAVE WITH A NUMBER OF DAYS CALCULATED AT THE RATE OF ;
(i) If an adult, one day for every twenty days of work performed by him during the previous calander year.
QUESTION:
While taken the above, the twenty days are excluding WEEKLY OFFs , NATIONAL AND FESTIVAL HOLIDAYS, OTHER LEAVE DAYS.( Approved CLs, SLs etc) OR including the above.
In some industries they are excluding and some are including for the calculation of 20 days of working day 1 EL / PL / Annual Leave.
WHICH VERSION IS TRUE ?
Regards,
PBS KUMAR
V R SHROFF
(Expert) 31 March 2013
WHICH VERSION IS TRUE ?
Under Bargaining/ settlement of disputes, Co & emp Union reached a amicable settlement and agree to say 21-30 PL
10- CL
10-15 SL
6-15 Paid Holidays
Reimbursement of Leave Salary for unutilised Earned Leave [selling Leave for 50% of earned no of days leave. ]
Total no of accumulation of leave and Lapse thereafter.
This is a practical approach for over 97% of Indian Establishments.
[ Collective Bargaining of Trade Unions]
Working days clarify days actually worked.
The 1day/ 20 day is minimum std, In practice it is always more
Raj Kumar Makkad
(Expert) 01 April 2013
Well advised by experts on all aspects of the query.
PBS KUMAR
(Querist) 02 April 2013
Dear Shroff ji,
Thanks for your prompt reply, but what obout the clause 240 days after that eligible as per the Factories Act concern. If in 240 days how we will calculate.
Excluding weekly offs, National and Festival Holidays, Leave days etc OR including.
Regards,
PBS KUMAR