There are two cumulative conditions that are said to be mandatory for the purpose of availing of annual leave with wages: (a) A worker should have put in continuous years of service which means that he should have actually worked for 240 days or more during the calendar year.
Rules Relating To Annual
Leave With Wages (Section 79)
There are two cumulative
conditions that are said to be mandatory for the purpose of availing of annual
leave with wages: (a) A worker should have put in continuous years of service
which means that he should have actually worked for 240 days or more during the
calendar year. (b) During that year, for every 20 days of actual work put in by
him, a workman becomes eligible for one day rest leave in the
succeeding year. In the case of a child, one day for every 15 days of work
performed during the previous calendar year.
(1)In spite of the fact that a
worker might not have completed 240 days in a calendar year, the legal
representative or nominee of such worker shall be entitled to claim such earned
wages proportionately before the expiry of the second working day from the date
of such discharge or dismissal or quitting.
(2)However, if a worker has been
superannuated or has expired, then such earned wages must be settled before the
expiry of two months from the date of such superannuation or death [Section 79
(2)].
(3)In calculating leave period,
fraction of leave of half a day or more shall be treated as one full day’s
leave. The unavailed leave by a worker shall be carried forward to the
succeeding year, provided no such accumulation of unavailed leave shall exceed
30 days in a year. In case of excess, unavailed earned leave would lapse. But
the number of times the leave that may be taken during any year shall not
exceed 3 times. Other Provisions Of Chapter Viii (Section 81 To
84): A worker who has been allowed
earned leave for not less than 4 days in the case of an adult and 5 days in the
case of a child, they shall be paid the wages due for the period before their
leave begins respectively. If the employer does not make such payment, it shall
be recoverable as delayed wages under the provisions of Payment of Wages Act,
1936. Power To Make Rules (Section 83): The State Government may make
rules directing managers of factories to keep registers containing prescribed
particulars and requiring the registers to be available for examination by
Inspectors. Power To Exempt Factories (Section 84): The State Government may exempt a
factory from the operation of the leave rules, it is satisfied that its own
leave rules provide benefits, which are not less favourable to the workers than
that of the statutory leave rules.
Tags : Business Environment and Law-Factories Act, 1948
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