Dear all. Is Leave EL CL & SL is also applicable for contract employees.if not so why?. Thanks
From India, Lucknow
12From India, Lucknow
Dear
Seems to be very anxious to know the answer of you query.
Provision of EL is there in Factories Act,1948 & State Shops & commercial Establishment Act. Now it is not clear which of the Act is applicable. It might be possible that both the acts are not applicable. Whether the employees are working under a cotractor or are working for a fixed period on contract with an employer. Provisions of Cl & SL are their in both in Shop Act & State I E (National & Festival and Casual & sick Leaves) Act. Sick leaves are also granted Under E S I Act,1948. Without proper information it becomes very difficult to elloborate which of the Act is applicable?
Hope you Can understand the difficulty in answering the query.
Regards,
R.N.Khola
Skylark Associates, Gurgaon
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
Seems to be very anxious to know the answer of you query.
Provision of EL is there in Factories Act,1948 & State Shops & commercial Establishment Act. Now it is not clear which of the Act is applicable. It might be possible that both the acts are not applicable. Whether the employees are working under a cotractor or are working for a fixed period on contract with an employer. Provisions of Cl & SL are their in both in Shop Act & State I E (National & Festival and Casual & sick Leaves) Act. Sick leaves are also granted Under E S I Act,1948. Without proper information it becomes very difficult to elloborate which of the Act is applicable?
Hope you Can understand the difficulty in answering the query.
Regards,
R.N.Khola
Skylark Associates, Gurgaon
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
Hi meenu
let me explain..........
Suppose person A is contract worker ..his service will be break after a period of time.& As per the Factory Act ...He wil be applicable for the first EL after completion of 240 days ..
and if a contract labour will work for 240 or more days he/she wil be applicable for the EL and as well as they can claim for the permanency aslo but generally companies are giving the break before completion of 240 days .thats y they are not applicable for the EL...
CL,and SL companies are not giving coz they are not the compnay's emp but ESI leave is applicable for them......in case of accident
hope ur query has been solved...
From India, Pune
let me explain..........
Suppose person A is contract worker ..his service will be break after a period of time.& As per the Factory Act ...He wil be applicable for the first EL after completion of 240 days ..
and if a contract labour will work for 240 or more days he/she wil be applicable for the EL and as well as they can claim for the permanency aslo but generally companies are giving the break before completion of 240 days .thats y they are not applicable for the EL...
CL,and SL companies are not giving coz they are not the compnay's emp but ESI leave is applicable for them......in case of accident
hope ur query has been solved...
From India, Pune
Dear Meenu,
To be very simple, the CLRA Act, has no provisions for Leave. Hence whichever type of establishment these CLs are engaged, they are governed by the leave rules of the Act (i.e. Factories Act, shops & Estb. Act, etc.)
From India, Mumbai
To be very simple, the CLRA Act, has no provisions for Leave. Hence whichever type of establishment these CLs are engaged, they are governed by the leave rules of the Act (i.e. Factories Act, shops & Estb. Act, etc.)
From India, Mumbai
Dear Meenu, As per commercial and shoping estabolisement , they eligibly CL leave . Regard, PM
From India, Bangalore
From India, Bangalore
Dear Meenu,
Yes it is applicable,
You can visit at our website www.globaloverseas.in for more details or call me at my cell:9958404503.
I have written notes on this to company that contract labours are eligible for CL & EL.
From India, Delhi
Yes it is applicable,
You can visit at our website www.globaloverseas.in for more details or call me at my cell:9958404503.
I have written notes on this to company that contract labours are eligible for CL & EL.
From India, Delhi
Dear
Hi,
Why are you bothering about contract emplyees.
As per provision, laid in Factory act -1948, provision is given to ascertain the eligibilty of leave for various type of worker, male/female & child.
In case worker is contracted under specific term of contract, which must be elaborated on the provision of type of leaves with numbers alongwith eligibility cretaria than leave can be granted as per T & C of appointment.
Howver different organisation have different ruling on numbers. whereas application eligibility aspect is concern the term of contract may not be important but provision of FA & S & E act will prevailed.
person hired through contractor or subcontracted , than individual who is taken on daily roster he will be provided weekly off compulsorly, and case individual complete continuous 90 days of work including his weekly off may claim restoration of permanancy.
Therefore most organisation whenever ask contractor labour the leave of the worker is managed by the contractor supervisors and will be given leave unpaid in case he required as per the provision of FA/S & E act by defining his position, confirmed or casual.
In case standard you ask from me . Foe permanent emplyee in any establishment earn PL on his confirmation first after his probabation period go over , in few organisation probationary period is 6 month in few is 3 month. On completion of prob. period individual is eligible.
say in case PL or EL quota laid for tehcalander year - 30 days now per month working have got 30/12=2.5 days per month will be eligible on confirmation.
Howver in extrem case leave on prorata basis is given.
Leave law is just not a small law. it will depend upon company to company but provision is applicable for all type of emplyees.
read first factory defition / establishment definition and than read the scop and applicability.
In case you required solution on any concernd problem related to leave approach at my e-ID.
Regards
vijay S Pundir
From India, Mumbai
Hi,
Why are you bothering about contract emplyees.
As per provision, laid in Factory act -1948, provision is given to ascertain the eligibilty of leave for various type of worker, male/female & child.
In case worker is contracted under specific term of contract, which must be elaborated on the provision of type of leaves with numbers alongwith eligibility cretaria than leave can be granted as per T & C of appointment.
Howver different organisation have different ruling on numbers. whereas application eligibility aspect is concern the term of contract may not be important but provision of FA & S & E act will prevailed.
person hired through contractor or subcontracted , than individual who is taken on daily roster he will be provided weekly off compulsorly, and case individual complete continuous 90 days of work including his weekly off may claim restoration of permanancy.
Therefore most organisation whenever ask contractor labour the leave of the worker is managed by the contractor supervisors and will be given leave unpaid in case he required as per the provision of FA/S & E act by defining his position, confirmed or casual.
In case standard you ask from me . Foe permanent emplyee in any establishment earn PL on his confirmation first after his probabation period go over , in few organisation probationary period is 6 month in few is 3 month. On completion of prob. period individual is eligible.
say in case PL or EL quota laid for tehcalander year - 30 days now per month working have got 30/12=2.5 days per month will be eligible on confirmation.
Howver in extrem case leave on prorata basis is given.
Leave law is just not a small law. it will depend upon company to company but provision is applicable for all type of emplyees.
read first factory defition / establishment definition and than read the scop and applicability.
In case you required solution on any concernd problem related to leave approach at my e-ID.
Regards
vijay S Pundir
From India, Mumbai
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