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H.R. Sampath Kumar (employment l)     10 July 2009

Labour Law

  An Employer  is  registered  under the Factories Act,  has more  than 200 permanent employees on permanent  Rolls.  1) He does not  have  any Certified Standing Orders. 2)  He wants  to deny  encashment of  Earned Leave to his employees with  retrospective effrect, that too  which is restricted to arbitary  108 days.   Can this be questioned in Law by the aggrieved?

 



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 7 Replies

Kuljit Pal Singh (Legal Professional)     11 July 2009

Dear Friend,

In absence of Certified Standing Orders the Model Standing Order as prescribed under the Act will be applicable.

So far as encashment of leave is concerned, i think u have a good case.

Regards

1 Like

H.R. Sampath Kumar (employment l)     11 July 2009

  Thank  you mr. Kuljit.  Is there  any provision regarding   NO. of edays of leave, encashment ,  Carry forward of  leave etc in the  Factories Act or any other law?,

H.R. Sampath Kumar (employment l)     16 July 2009

  Can anybody pl tell me whether there is any mention in any  labour related law as to the number of days of leave to be given to employees, in the absence of  Certified Standing orders/adoption of Model Standing orders.   Secondly, can an employer  say that   unutilised  Earned leave will lapse and no encashment will  be given on superannuation/rresignation? Matter most urgent pl .  

mahesh pandey (Vice President)     17 July 2009

Dear Friend,

U/S 79 of the Factories Act, 1948 the details regarding leave with wages has been enmureted Plz go through the relavent provisions of the Act,  u 'll find answer 2 ur queries.

Tks

mahesh pandey

Pragadeesh (Lawyer/Factory certification consultant/Cyber crime Analyst)     17 July 2009

A worker worked for more than 240 days in a calendar year is eligible for EL.in 20:1 ratio.either he can enjoy it or it can be encashed.EL can be accumulated until 30 days.

get a certified standing order.i hope you cannot have anything contrary to Factories act in the standing order.

regards

pragadeesh

rashmiramanath (n/a)     18 July 2009

Dear friend

The Indian factories act has all the required answers for your quiries about welfare measures towards workers.but, at the sametime you have check for the state factory rules in force with that state.you have to contact the concerned factory inspecing authoriy who shall be from labor department of that state government.your issues can be solved without any delay and without going to courts,which is a time consuming one for years.

regards

RR

H.R. Sampath Kumar (employment l)     03 August 2009

   Dear Friends,   While on this topic,    can any one  please tell me whether a Manager-Accounts ( working in a Factory)  is  entitled to the benefits of  leave, leave encashment and  remedies  against  the employer for violation of Sec. 79  by the employer?    Will he be treted as a Worker?   Does the remedy in  Labour Court or  High Court,  Where does it liel . - Sampath  Kumar


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