as per factory act @1 day for completed 240 days is to be given.Kindly advice whether CL is mandatory if yes how many Cl should be given. regards shailesh pandey
From India, Pune
From India, Pune
30
Yes. Company have to give CL as per Model standing order. But act not tells whether it is with pay or without pay. Regards Govind Pawar
From India, Mumbai
From India, Mumbai
Dear Pandey ji,
Your query is wrong where you have mentined that "as per factory act @1 day for completed 240 days is to be given". It is not true since Section 79 of the Factories Act,1948 stipulates that every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for one day for every twenty days of work performed by him during the previous calendar year. As far as Casual leace (CL) is concerned, you have to consult the Shop & Commercial establishment Act & Rules of the respective states. Another Act deals with the CL is called National industrial Establishments (National & Festival Holidays, Casual & Sick leave) Act,1965. All the states have framed their own Rules under this Act, as such you have consult the rules of your state.
I want to clarify the doubt of Sh Govind Pawar that the entitlement of CL is always goes with pay and it is never without pay. I do not agree with the views of another member that the "Eligibility for CL for any employee is defined/mentioned under Industrial Employment (standing order) act/rules". The model standing order specify that all the workmen shall be entitled for the National and festival holidays, casual and sick leave in accordance with the National industrial Establishments (National & Festival Holidays, Casual & Sick leave) Act,1965 or rules made thereunder or in accordance with any settlement,agreement or award, which is more beneficial th the workmen.The schedule under Industrial Employment (standing order) Act does not specify the QUANTUM of leave rather it is for the conditions of, procedure in applying for,and the authority which may grant leave and holidays.
BS Kalsi
Member since Aug 2011
From India, Mumbai
Your query is wrong where you have mentined that "as per factory act @1 day for completed 240 days is to be given". It is not true since Section 79 of the Factories Act,1948 stipulates that every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for one day for every twenty days of work performed by him during the previous calendar year. As far as Casual leace (CL) is concerned, you have to consult the Shop & Commercial establishment Act & Rules of the respective states. Another Act deals with the CL is called National industrial Establishments (National & Festival Holidays, Casual & Sick leave) Act,1965. All the states have framed their own Rules under this Act, as such you have consult the rules of your state.
I want to clarify the doubt of Sh Govind Pawar that the entitlement of CL is always goes with pay and it is never without pay. I do not agree with the views of another member that the "Eligibility for CL for any employee is defined/mentioned under Industrial Employment (standing order) act/rules". The model standing order specify that all the workmen shall be entitled for the National and festival holidays, casual and sick leave in accordance with the National industrial Establishments (National & Festival Holidays, Casual & Sick leave) Act,1965 or rules made thereunder or in accordance with any settlement,agreement or award, which is more beneficial th the workmen.The schedule under Industrial Employment (standing order) Act does not specify the QUANTUM of leave rather it is for the conditions of, procedure in applying for,and the authority which may grant leave and holidays.
BS Kalsi
Member since Aug 2011
From India, Mumbai
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