Kindly provide your valuable guidance regarding the Computation of EL for Lock-down Days.
While computing EL in the ratio of 20:1, whether Lockdown days to be excluded for Computation or to be considered
From India, Bangalore
1While computing EL in the ratio of 20:1, whether Lockdown days to be excluded for Computation or to be considered
From India, Bangalore
Computation of EL in the ratio of 20 working days for 1 day EL need to be done based on your company policy and management decision.
As per Government directive lock down days to be treated as duty days but such instruction is only advisory in nature. Hence every company management have a "say" on this. Accordingly you have tl take a call on this. Did you give full salary to workers during lock down days?
From India, Aizawl
As per Government directive lock down days to be treated as duty days but such instruction is only advisory in nature. Hence every company management have a "say" on this. Accordingly you have tl take a call on this. Did you give full salary to workers during lock down days?
From India, Aizawl
This is a new situation which we have not faced earlier. One thought is that should lock down days be taken as an exceptional situation for considering as working days for computation of EL. Like Maternity leave availed by female workers to be considered for computation of EL. One more reason is that Employees are prevented from attending to their work for reasons beyond their control and hence lock down days should be considered for computation of EL. There may be different views on this ppoint which may please be shared.
From India, Bangalore
From India, Bangalore
Dear Sir,
Since we have paid salary to the workmen and staff treating Holiday / Admin Leave, but for Calculation of Earned Leave be based on Actual Working as per factory act norms and since there are no working during lock down periods , that's why it should not be payable according to my opinion and understanding
Waiting further comments pls,
From India
Since we have paid salary to the workmen and staff treating Holiday / Admin Leave, but for Calculation of Earned Leave be based on Actual Working as per factory act norms and since there are no working during lock down periods , that's why it should not be payable according to my opinion and understanding
Waiting further comments pls,
From India
Dear Friends,
I would like to bring clarity in the subject as under:
As per Factories Act
(a) any days of lay-off, by agreement or contract or as permissible under the standing orders;
(b) in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and
(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 worker has worked in a factory for the purpose of computation of the period of 240 days or more, but shall not earn leave for these days.
What does it mean is, the days as mentioned in (a), (b) & (c) above are to be considered for computing 240 days for eligibility of leave but not to be considered for calculation of earn leave. In (a), (b) & (c) above, there is no mentioned of Lock-down days. So, strictly Lock-down days are not to be taken for computing 240 days as well for calculation of earn leave unless Government comes out with directives to this effect.
Similar provision is there in Maharashtra Shops & Estb Act. It also includes temporary disablement days caused by accident arising out of and in the course of employment.
This is the position as per the Law which I narrated. You may consider any thing above it but when question of Law comes, we should know the Law and advise the owner accordingly.
From India, Mumbai
I would like to bring clarity in the subject as under:
As per Factories Act
(a) any days of lay-off, by agreement or contract or as permissible under the standing orders;
(b) in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and
(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 worker has worked in a factory for the purpose of computation of the period of 240 days or more, but shall not earn leave for these days.
What does it mean is, the days as mentioned in (a), (b) & (c) above are to be considered for computing 240 days for eligibility of leave but not to be considered for calculation of earn leave. In (a), (b) & (c) above, there is no mentioned of Lock-down days. So, strictly Lock-down days are not to be taken for computing 240 days as well for calculation of earn leave unless Government comes out with directives to this effect.
Similar provision is there in Maharashtra Shops & Estb Act. It also includes temporary disablement days caused by accident arising out of and in the course of employment.
This is the position as per the Law which I narrated. You may consider any thing above it but when question of Law comes, we should know the Law and advise the owner accordingly.
From India, Mumbai
Mr Akhil is right. Earned leave is earned only when employee actually works.
Moreover, the salary paid fir the period factory/estsblishment was closed is not related to their work, but is to be treated as to continue the relationship of employer-employee only.
From India, Faridabad
Moreover, the salary paid fir the period factory/estsblishment was closed is not related to their work, but is to be treated as to continue the relationship of employer-employee only.
From India, Faridabad
Start-stop lockdowns observed during COVID-19 will be treated 'as on duty', some sort of extra-ordinary, but paid leave (in many units). It's also to be noted, these interruptions cannot be viewed as 'break-in-service' or absent with out permission either. I so, it will only be proper to consider these spells for granting EL/PL. And in respect of those hospitalised or quarantined in-house, either infected, mild or severe there is no option to employers to deny leave for these spells.Therefore granting annual leave due cannot be denied. Moreover, no amendment is being made in appropriate acts/rules validating denial.
From India, Bangalore
From India, Bangalore
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