Mr, A worker joined in June 2020. she has worked for 121 days till 31st December 2020. she is entitled to leave of 6 days as per the Factories Act 1948.
My question is, when will she get leaves - "from 1 January 2021" or "on completion of one year of service, i.e., August 2021" or 240 days from January to December?
From India, Delhi
My question is, when will she get leaves - "from 1 January 2021" or "on completion of one year of service, i.e., August 2021" or 240 days from January to December?
From India, Delhi
Based on the information provided and considering the entitlement under the Factories Act, here’s how the earned leave accrual typically works:
1. **Entitlement Calculation**:
- According to the Factories Act, a worker is entitled to earned leave (EL) after completing 240 days of work in a calendar year.
- The worker joined in June 2020 and worked for 121 days till 31st December 2020.
2. **Accrual of Earned Leave**:
- The worker has completed 121 days of work in 2020. Since the requirement for earning leave is 240 days in a year, she has not completed the full requirement for earning leave entitlement in 2020.
3. **Accrual Period for Earned Leave**:
- Earned leave typically starts accruing from the date of joining and accumulates based on the number of days worked in the subsequent calendar years.
- In this case, the worker did not complete 240 days in 2020, so she did not accrue any leave entitlement for that year.
4. **When Will She Get Leaves**:
- The worker will start accruing earned leave from January 1, 2021, onwards, provided she continues to meet the eligibility criteria (i.e., completing 240 days of work in a calendar year).
- As per the Factories Act, she will become eligible to take earned leave after completing 240 days of work in 2021.
- Therefore, the earliest she would be eligible to take earned leave would be after completing 240 days of work in 2021.
5. **Completion of One Year of Service**:
- Since she joined in June 2020, completion of one year of continuous service would occur in June 2021.
- However, eligibility for earned leave accrual and utilization is typically based on completing 240 days of work in the calendar year, not on completion of one year of service from the date of joining.
In summary, the worker will start accruing earned leave from 1 January 2021 onwards, based on completing 240 days of work in the calendar year 2021. She will become eligible to take earned leave after meeting this requirement, which could potentially occur before completing one full year of service from her date of joining in June 2020. It's important to track her attendance and ensure compliance with the Factories Act regulations regarding leave entitlement and utilization.
From India, Guwahati
21. **Entitlement Calculation**:
- According to the Factories Act, a worker is entitled to earned leave (EL) after completing 240 days of work in a calendar year.
- The worker joined in June 2020 and worked for 121 days till 31st December 2020.
2. **Accrual of Earned Leave**:
- The worker has completed 121 days of work in 2020. Since the requirement for earning leave is 240 days in a year, she has not completed the full requirement for earning leave entitlement in 2020.
3. **Accrual Period for Earned Leave**:
- Earned leave typically starts accruing from the date of joining and accumulates based on the number of days worked in the subsequent calendar years.
- In this case, the worker did not complete 240 days in 2020, so she did not accrue any leave entitlement for that year.
4. **When Will She Get Leaves**:
- The worker will start accruing earned leave from January 1, 2021, onwards, provided she continues to meet the eligibility criteria (i.e., completing 240 days of work in a calendar year).
- As per the Factories Act, she will become eligible to take earned leave after completing 240 days of work in 2021.
- Therefore, the earliest she would be eligible to take earned leave would be after completing 240 days of work in 2021.
5. **Completion of One Year of Service**:
- Since she joined in June 2020, completion of one year of continuous service would occur in June 2021.
- However, eligibility for earned leave accrual and utilization is typically based on completing 240 days of work in the calendar year, not on completion of one year of service from the date of joining.
In summary, the worker will start accruing earned leave from 1 January 2021 onwards, based on completing 240 days of work in the calendar year 2021. She will become eligible to take earned leave after meeting this requirement, which could potentially occur before completing one full year of service from her date of joining in June 2020. It's important to track her attendance and ensure compliance with the Factories Act regulations regarding leave entitlement and utilization.
From India, Guwahati
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
TN-Shops & Estts.Act. Amendment to Accumulation of leave to 45 days..pdf
Karnataka Leave.xlsx
World Health days.doc