Earn leave calculation

ramasamy (Querist) 17 June 2013 This query is : Resolved

Karnataka and Punjab and Haryana shop establishment says 1 days earn leave for each 20 days worked

Please clarify whether we need to consider all paid leave and holidays for the purpose of commuting number of days worked for calculation of earn leave under Karnataka Shop and Establishment Act and P&H Shop and establishment act?

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Guest (Expert) 17 June 2013
All paid leave has to be taken in to account for taking in to account total No. of days for calculating earned leave. No reduction in # of days on account of paid leave.

Rajendra K Goyal (Expert) 17 June 2013
Section 14(3) a - of the Punjab Shop & Establishment Act is as under:

(3) (a) For the purpose of computing the period during which an employee has been in employment within the meaning of sub- section(1)(a), the period during which he was on leave section and the off days in a week referred to in Section 11] , shall be included

While section 79 (1) c of the factories act is as under:

79. Annual leave with wages
the leave earned in the year prior to that in which the leave is enjoyed; shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.

ramasamy (Querist) 18 June 2013
Thank u so much sir. Can u pls give similiar kind of clause reference in Karnataka Shop and Establishment Act also?

Guest (Expert) 18 June 2013
You are welcome. In fact, the principal provisions of all states' Acts on Shops & Establish are similar to each other.

Rajendra K Goyal (Expert) 18 June 2013
THE KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1961

CHAPTER IV- ANNUAL LEAVE WITH WAGES

Section 15. Annual leave with wages.
[(1) Every employee in an establishment shall be entitled to leave with wages and shall be allowed to avail such leave for the number of days calculated at the rate of,-
(i) one day for every twenty days work performed by him, in case of an adult;

Explanation : For the purpose of this sub-section

(c) the leave earned in the year prior to that in which the leave is enjoyed:
-shall be deemed to be days on which the employee has worked in an establishment for the purposes of computation of leave under this section, but the employee shall not earn leave for that period.]

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