New Recruits getting into job are more concerned about leaves than the productivity of the job…so here is a comprehensive facts regarding the leaves,so to help them understand the leave matter more vividly..
Leave Rules
Leaves can be broadly divided based on its applicability to establishments covered under the Factories Act and the Shops and Establishments Act. Leave is calculated for the calendar year January to December.
LEAVE IN ESTABLISHMENTS COVERED UNDER THE FACTORIES ACT
Leaves as per Factories Act applies to all Management Staff, Executives, Supervisors, workers and contract workers as all of them fall under the definition of ‘worker’ under the Factories Act.
Kindly note that this table is as per Factories Act and the factories referring for applicability of the leave rules should refer to the concerned Factories Rules of the State.
| Type of Leave | Privileged / Earned | Casual | Sick | Maternity |
| Quantum per year | 1 day leave for every 20 days worked in the previous year (Eg. 300 days worked = 15 days leave) | Nil | Nil | As per ESI Act OR Maternity Benefits Act |
| Entitlement | On working 240 days in the first previous year | NA | NA | NA |
| Utilization | To apply for leave 15 days prior. Leave not to be availed more than 3 times a year | NA | NA | NA |
| Carry Forward | Not more than 30 days | NA | NA | NA |
Other provisions
1. If the Employee has quit or has been terminated, his earned leave balance should be paid to the employee and in case of death, to the nominee, within 2 days.
2. Any worker who has applied for leave and has not been granted the same, such refused leave shall be carried forward without any limit.
3. Leave can be calculated on Basic wages and DA.
4. Leave book & Leave Register to be maintained for each worker
Form 15 & 16.
Note: It is not necessary that the workers in the Factories be given only earned leave. Certain factories also design their only leave policies which also include Casual Leave and Sick Leave whereby extending better welfare facility to its employees.
LEAVE IN ESTABLISHMENTS COVERED UNDERTHE SHOPS AND ESTABLIHMENTS ACT
Shops and Establishments Act provides for provisions of leave for the employees. The said Act is framed by each State on its own and therefore would be different in its provisions. Therefore, a table has been designed to collate provisions of leave as applicable to each State separately.
WEST BENGAL SHOPS AND ESTABLISHMENTS ACT, 1963
| Type of Leave | Privileged Leave/ Earned Leave | Casual Leave | Sick Leave | Maternity Leave |
| Quantum per year | 14 days for every completed year | 10 days. It cannot be taken for more than 3 days at a stretch | 14 days in very year on half pay. | Every woman who has put in continuous employment of 6 months or more shall be entitled for 6 weeks of leave preceding delivery and 6 weeks after delivery |
| Entitlement | On completion of one year continuous service | During the year | During the year | |
| Accumulation | 24 days in 2 years | 56 days in 4 years | 56 days in 4 years |
No comments:
Post a Comment