Hi Please confirm how to count EL. Is Sunday(weekly Holiday) count as working day or not?
From United States, Palo Alto
From United States, Palo Alto
EL shall be only on actual working days. In a year employee worked for 280 days + 53 woffs + 12 Holidays + 12 cLs + 8 EL
As per the company leave policy employee is eligible for 1 EL for every 20 working days, in the above scenario the employee gets only 14 ELs on 280 working days.
I believe you are clear.
Regards - kamesh
From India, Hyderabad
186As per the company leave policy employee is eligible for 1 EL for every 20 working days, in the above scenario the employee gets only 14 ELs on 280 working days.
I believe you are clear.
Regards - kamesh
From India, Hyderabad
Dear Gauri,
Please confirm how to count EL?
EL calculation will be different for govt & Pvt organisation.
Government organisation- 2.5 days EL is given for a month so it is 30 days( for every completed year 15 days are credited in jan & jul)
but, Pvt company goes with 1 day EL for every 20 days worked in the previous year. so in an year it is 18 days. But today some companies are giving 30 day as APL(All purpose leave),
Is Sunday(weekly Holiday) count as working day or not?
yes, if the employee is paid for 30/31 days in the month it is calculated as working day.
But, in some factories/contract Labour the wages are calculated for 26 days where it is just called as rest day( for every 6 days worked a day rest has to be given).
From India, Mumbai
Please confirm how to count EL?
EL calculation will be different for govt & Pvt organisation.
Government organisation- 2.5 days EL is given for a month so it is 30 days( for every completed year 15 days are credited in jan & jul)
but, Pvt company goes with 1 day EL for every 20 days worked in the previous year. so in an year it is 18 days. But today some companies are giving 30 day as APL(All purpose leave),
Is Sunday(weekly Holiday) count as working day or not?
yes, if the employee is paid for 30/31 days in the month it is calculated as working day.
But, in some factories/contract Labour the wages are calculated for 26 days where it is just called as rest day( for every 6 days worked a day rest has to be given).
From India, Mumbai
Hi All
Thanks for it but i want to know if we are Non-ESI, then how many total leave we get in full year.
We work in Uttarakhand and we are covered in factory act also. so please can you tell us how many leave we get in full year.
EL+CL+SL=?
From United States, Palo Alto
Thanks for it but i want to know if we are Non-ESI, then how many total leave we get in full year.
We work in Uttarakhand and we are covered in factory act also. so please can you tell us how many leave we get in full year.
EL+CL+SL=?
From United States, Palo Alto
Hi Gauri,
1) As per factory act 1948, employees worked for more than 240 days in a calendar year (Only Physical working days) is applicable for EL. it should be calculate on prorate basis i.e.1 day leave for 20 day physical working days. Please note those who are not completing 240 physical working days will not be allow to apply any earn leave.
2) There is no provision of casual leave in labor act, it is part of leave policy of organization & core management can take decision for providing CL.
3) As Per ESI act, employees are eligible for SL, but as you mentioned your organization is not covered under ESI then you are not binding to provide any SL to employees. Again the decision should have to take your core management for providing of SL to employees in leave policy.
Regards,
Dnyaneshwar
020-30473198
Regards,
From India, Pune
1) As per factory act 1948, employees worked for more than 240 days in a calendar year (Only Physical working days) is applicable for EL. it should be calculate on prorate basis i.e.1 day leave for 20 day physical working days. Please note those who are not completing 240 physical working days will not be allow to apply any earn leave.
2) There is no provision of casual leave in labor act, it is part of leave policy of organization & core management can take decision for providing CL.
3) As Per ESI act, employees are eligible for SL, but as you mentioned your organization is not covered under ESI then you are not binding to provide any SL to employees. Again the decision should have to take your core management for providing of SL to employees in leave policy.
Regards,
Dnyaneshwar
020-30473198
Regards,
From India, Pune
Hi Gauri
As observed from the details given by by you, your establishmnent is covered under Factories Act 1948. You have not made it clear whether your company has framed any leave scheme of it's own. However so far as the computation of annual leave (earned leave) under Fcatories Act is concerned, as other members have already explained, EL shall be calcuated at one day for for every twenty days of work performed by a factory worker. Supposing a worker joined on 1st january and was in service till 31 December and availed 20 days EL during the year, he is deemed to be in service for 365 days.. However, for calculating leave earned by a worker during the calendar year, you need to include all weekly offs since they are paid, paid holidays, any days of lay off effected under an agreement etc but the period of leave availed during the year shall be excluded. Thus his earned leave has to be computed for 345 days after substracting 20 days of leave availed by the worker during the calendar year.
Computing leave at one day for 20 days of work for 345 days, his earned leave will work out to be 17.25 days. However any fraction of the day less than half a day shall be ignored and thus the total leave admissible is 17 days for the relevant calendar year.
If any worker joined on ay day other tahn on 1st january of the relevant calendar year and did not put in 240 days of service, his leave shallbe calculated as above provided he has worked for two thirds of the remainder part of the calendar year.This leave can be availed on medical grounds also. Factories Act does not provide for sick leave seperately.
The Factories Act does not provide for casual leave. You need to provide for it and sick leave unde your standing orders.
Trust this will clarify your leave issue.
B.Saikumar
HR & labour Law Consultant
Chipinbiz Consultancy Pvt.ltd
Mumbai
022-28324234/Mob : 09930532927
From India, Mumbai
As observed from the details given by by you, your establishmnent is covered under Factories Act 1948. You have not made it clear whether your company has framed any leave scheme of it's own. However so far as the computation of annual leave (earned leave) under Fcatories Act is concerned, as other members have already explained, EL shall be calcuated at one day for for every twenty days of work performed by a factory worker. Supposing a worker joined on 1st january and was in service till 31 December and availed 20 days EL during the year, he is deemed to be in service for 365 days.. However, for calculating leave earned by a worker during the calendar year, you need to include all weekly offs since they are paid, paid holidays, any days of lay off effected under an agreement etc but the period of leave availed during the year shall be excluded. Thus his earned leave has to be computed for 345 days after substracting 20 days of leave availed by the worker during the calendar year.
Computing leave at one day for 20 days of work for 345 days, his earned leave will work out to be 17.25 days. However any fraction of the day less than half a day shall be ignored and thus the total leave admissible is 17 days for the relevant calendar year.
If any worker joined on ay day other tahn on 1st january of the relevant calendar year and did not put in 240 days of service, his leave shallbe calculated as above provided he has worked for two thirds of the remainder part of the calendar year.This leave can be availed on medical grounds also. Factories Act does not provide for sick leave seperately.
The Factories Act does not provide for casual leave. You need to provide for it and sick leave unde your standing orders.
Trust this will clarify your leave issue.
B.Saikumar
HR & labour Law Consultant
Chipinbiz Consultancy Pvt.ltd
Mumbai
022-28324234/Mob : 09930532927
From India, Mumbai
Sub: Is Sunday is count as working day
Hi
Weekly holiday will be on Sunday or on another day in a week in case of continuous working factories.
Weekly holiday is rest day, not working day.
Regarding taking into account for salary/wage, it depends upon wage policy of the co. If wage
calculation is for 26 days, Sunday (weekly off) will not be taken into consideration. If wage calculation is for 30 days, it will be taken into account for wage calculation.
D.Gurumurthy
LL/HR&IR consultant
From India, Hyderabad
Hi
Weekly holiday will be on Sunday or on another day in a week in case of continuous working factories.
Weekly holiday is rest day, not working day.
Regarding taking into account for salary/wage, it depends upon wage policy of the co. If wage
calculation is for 26 days, Sunday (weekly off) will not be taken into consideration. If wage calculation is for 30 days, it will be taken into account for wage calculation.
D.Gurumurthy
LL/HR&IR consultant
From India, Hyderabad
Thanks for all of you for clearification. It means if our salery policy made for 30 days calculation then we get 18 EL. and other CL & SL is depend on the Standing order. Regard’s Gauri Dorbi
From United States, Palo Alto
From United States, Palo Alto
Thanks for all of you for clearification.
It means if our salery policy made for 30 days calculation then we get 18 EL. and other CL & SL is depend on the Standing order.
Please confirm on this. I am very confuse that what is the actual no of EL.
Regard's
Gauri Dorbi
From United States, Palo Alto
It means if our salery policy made for 30 days calculation then we get 18 EL. and other CL & SL is depend on the Standing order.
Please confirm on this. I am very confuse that what is the actual no of EL.
Regard's
Gauri Dorbi
From United States, Palo Alto
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