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Business Environment and Law-Factories Act, 1948

Rules Relating To Annual Leave With Wages (Section 79) - Factories Act, 1948

   Posted On :  15.05.2018 12:29 am

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.

 

 

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