Dear All,
I am working in accounts dept with a company on yearly contract basis. They provide 24 leave per year, but due to heavy work load we could not take all 24 leave.
The HR Head says that as per Shop & Establishment Act The contract employee is not entitled for Leave Encashment.
Can any 1 help me whether our HR is right or they are just making us fool bcoz they know that no body from accounts will go & read full Shop & Establishment Act for Contract Employees.
Please reply.
Regards
Salim
From India, Mumbai
I am working in accounts dept with a company on yearly contract basis. They provide 24 leave per year, but due to heavy work load we could not take all 24 leave.
The HR Head says that as per Shop & Establishment Act The contract employee is not entitled for Leave Encashment.
Can any 1 help me whether our HR is right or they are just making us fool bcoz they know that no body from accounts will go & read full Shop & Establishment Act for Contract Employees.
Please reply.
Regards
Salim
From India, Mumbai
Hi, Please note that since you are on contract, you have to avail the leave eligible for you within the stipulated period or else it will get lapsed. This is the normal procedure. There is need to panic.
T.A.G. MANNER MANNAN
From India
1T.A.G. MANNER MANNAN
From India
dear Salim, You are eligible to get the leave as per act you can avail 1.5 paid leave every month. You can ask for the encashment of Paid leave.
From India, Vadodara
From India, Vadodara
Dear Salim,
I presumed that since the query has been raised from State of Mumbai hence replying keeping in view the same. Your HR head's satement is wrong in stating that "as per Shop & Establishment Act,the contract employee is not entitled for Leave Encashment".Your HR head is either not aware of the labour laws or fooling you.Section 35 of the Bombay Shops Establishments Act,1948,which relates to LEAVE clearly provides in the Sub-section (2) that If an employee entitled to leave is discharged by his employer before he has been allowed the leave, or if, having applied for and having been refused the leave, he quits his employment before he has been allowed the leave, the employer shall pay him the amount payable under in respect of the leave.
The definition under the Section 2(6) of the Act clearly covers the contract labour.The definition runs as under:-
"Employee" means a person wholly or principally employed, whether directly or through any agency, and whether for wages or other consideration in or in connection with any establishment; and includes an apprentice, but does not include a member of the employer's family.
I am sure the above legal position will help you.
BS Kalsi
Member since Aug 2011
From India, Mumbai
I presumed that since the query has been raised from State of Mumbai hence replying keeping in view the same. Your HR head's satement is wrong in stating that "as per Shop & Establishment Act,the contract employee is not entitled for Leave Encashment".Your HR head is either not aware of the labour laws or fooling you.Section 35 of the Bombay Shops Establishments Act,1948,which relates to LEAVE clearly provides in the Sub-section (2) that If an employee entitled to leave is discharged by his employer before he has been allowed the leave, or if, having applied for and having been refused the leave, he quits his employment before he has been allowed the leave, the employer shall pay him the amount payable under in respect of the leave.
The definition under the Section 2(6) of the Act clearly covers the contract labour.The definition runs as under:-
"Employee" means a person wholly or principally employed, whether directly or through any agency, and whether for wages or other consideration in or in connection with any establishment; and includes an apprentice, but does not include a member of the employer's family.
I am sure the above legal position will help you.
BS Kalsi
Member since Aug 2011
From India, Mumbai
Daer Slim
Earned leave/Privilege Leave/Leave with Wages : the prinicpal of Leave with wages is laid down in Section 78 to 81.of Factory Act . Shop Acts from most of the state also provides that if a worker is entitled to leave with wages , if he is discharged ,or terminated or or refused leave or dies before he has taken the entire leave to which he is entitled , of if applied for and having not been granted such leave , or he quits his employment ,Section 79(3)(i)&(ii) provides that where the worker is discharged ,or terminated or quits his employment he shall be made payment before the expiry of second working day. Similar provisions is provided in Delhi Shops and Establishment Act 1954, Bombay Shops Establishments Act,1948,which relates to LEAVE clearly provides in the Sub-section (2) that If an employee entitled to leave is discharged by his employer before he has been allowed the leave, or if, having applied for and having been refused the leave, he quits his employment before he has been allowed the leave, the employer shall pay him the amount payable under in respect of the leave.The Punjab Shops Act 1958 Sec.14(2) also provides similar provisions.
RL Dhingra ,Advocate ,
Labour law Consultant, Delhi
09818309937 Email:rld_498@rediffmail.com
From India, Delhi
Earned leave/Privilege Leave/Leave with Wages : the prinicpal of Leave with wages is laid down in Section 78 to 81.of Factory Act . Shop Acts from most of the state also provides that if a worker is entitled to leave with wages , if he is discharged ,or terminated or or refused leave or dies before he has taken the entire leave to which he is entitled , of if applied for and having not been granted such leave , or he quits his employment ,Section 79(3)(i)&(ii) provides that where the worker is discharged ,or terminated or quits his employment he shall be made payment before the expiry of second working day. Similar provisions is provided in Delhi Shops and Establishment Act 1954, Bombay Shops Establishments Act,1948,which relates to LEAVE clearly provides in the Sub-section (2) that If an employee entitled to leave is discharged by his employer before he has been allowed the leave, or if, having applied for and having been refused the leave, he quits his employment before he has been allowed the leave, the employer shall pay him the amount payable under in respect of the leave.The Punjab Shops Act 1958 Sec.14(2) also provides similar provisions.
RL Dhingra ,Advocate ,
Labour law Consultant, Delhi
09818309937 Email:rld_498@rediffmail.com
From India, Delhi
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