Dear all,
It is most important to verify which Act is applicable to your establishment. Whether it is a Factory under the Factories Act or a Commercial Establishment under Shops & Comm. Establishment Act. If Comm. Estab., in which State you are located?
In either case, status(Temp/probationer/permanent etc)of an employee/workman is not important for crediting leave to his a/c.
Under Factories Act, leave is calculated on 31 Dec. and credited to the individual leave a/c on 1 Jan. { number of days worked in the calendar year divided by 20 = leave earned } for example, an employee joined on 1st Dec. is entitled for 1 day Leave on 1st Jan. as a matter of right. [ Qualifying level - 240 days actual working, if in employment for full year or 2/3 of Factory working days if in employment for part of the year ]
Under Shops and Comm. Estab. Act, generally (may be a little difference from state to state), leave is calculated at the end of each quarter and credited to the individual a/c on 1st day of the next quarter. [ qualifying level - 60 days actual working = 5 days leave, if in employment for full quarter i.e. 3 months or 2/3 of Estab. working days if in employment for part of the quarter ; there is a make-up provision also :- if not worked for 60 days in any quarter but however worked 240 days in a year, will get full leave ]
From India, Pune
It is most important to verify which Act is applicable to your establishment. Whether it is a Factory under the Factories Act or a Commercial Establishment under Shops & Comm. Establishment Act. If Comm. Estab., in which State you are located?
In either case, status(Temp/probationer/permanent etc)of an employee/workman is not important for crediting leave to his a/c.
Under Factories Act, leave is calculated on 31 Dec. and credited to the individual leave a/c on 1 Jan. { number of days worked in the calendar year divided by 20 = leave earned } for example, an employee joined on 1st Dec. is entitled for 1 day Leave on 1st Jan. as a matter of right. [ Qualifying level - 240 days actual working, if in employment for full year or 2/3 of Factory working days if in employment for part of the year ]
Under Shops and Comm. Estab. Act, generally (may be a little difference from state to state), leave is calculated at the end of each quarter and credited to the individual a/c on 1st day of the next quarter. [ qualifying level - 60 days actual working = 5 days leave, if in employment for full quarter i.e. 3 months or 2/3 of Estab. working days if in employment for part of the quarter ; there is a make-up provision also :- if not worked for 60 days in any quarter but however worked 240 days in a year, will get full leave ]
From India, Pune
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