Understanding Leave Policies and Labor Regulations: A Comprehensive Discussion

Kindly guide me about the EL/PL, CL, SL provisions under The Govt. Act.

Thanks & Regards,

Umakant

Dear Umakant,

The EL/PL is payable as per the Factories Act. When any employee works 240 days in a year, he is entitled to get PL at the rate of 1 day's leave for every 20 days worked.

The provision of CL is under the Industrial Employment (Standing Orders) Act, wherein an employee may be granted 10 days of casual leave, whether paid or unpaid, in a year at the discretion of the management.

Regarding Sick Leave, there is no provision under any act; however, it is a common practice for companies to provide SL to those employees who are not covered under ESIC.

Regards,
Rajendra Bhavsar

Dear Umakant,

Please let me know the state in which your company is operating because CL/SL regulations vary between states.

Best Regards,
Sajid Ansari
Delhi

Dear Sir,

Please provide me with details regarding the Labor Contractor. Which form is issued by the company, and what are the responsibilities of the company and the contractor?

Thanks & Regards,
Dheeraj Kr Singh
+919818827638

Hi Sanjay,

The policy of leave is totally governed by the Shop & Commercial Establishment Act, and different states have different provisions. Therefore, please mention the state in which your establishment is situated.

Advocate Sanjay

Dear all,

According to the Factory Act, what is the definition of a skilled worker, semi-skilled worker, and unskilled worker?

Regards,
Atif

Dear Umakant,

This is based on the company policy. It depends on how much leave the company wants to give, but there are certain statutory obligations that are mandatory to follow. As per the Factory Act, 1 EL should be given for every 20 days worked. According to the Delhi Shop & Establishment Act, a minimum of 15 EL needs to be given for 1 year of service. Regarding SL/CL, there is no provision in the Factory Act, so one should follow the state Shop & Establishment Act. For holidays, please refer to the website mentioned below:
http://persmin.gov.in <link updated to site home>

Feedback is appreciated.

With Regards,

Liability of principal employer in certain cases.

20. (1) If any amenity required to be provided under section 16, section 17, section 18 or section 19 for the benefit of the contract labour employed in an establishment is not provided by the contractor within the time prescribed therefor, such amenity shall be provided by the principal employer within such time as may be prescribed.

(2) All expenses incurred by the principal employer in providing the amenity may be recovered by the principal employer from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt by the contractor.

Responsibility for payment of wages.

21. (1) A contractor shall be responsible for payment of wages to each worker employed by him as contract labour end such wages shall be paid before the expiry of such period as may be prescribed.

(2) Every principal employer shall nominate a representative duly authorised by him to be present at the time of disbursement of wages by the contractor and it shall be the duty of such representative to certify the amounts paid as wages in such manner as may be prescribed.

(3) It shall be the duty of the contractor to ensure the disbursement of wages in the presence of the authorised representative of the principal employer.

(4) In case the contractor fails to make payment of wages within the pre¬scribed period or makes short payment, then the principal employer shall be liable to make payment of wages in full or the unpaid balance due, as the case may be, to the contract labour employed by the contractor and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor.

The particular definition of skilled and unskilled workers, as you asked, is not given. Still, I am sending you the definition of a worker:

Dear Seniors,

Can anyone help me out in knowing about the number of CLs, ELs, and SLs to be provided in Andhra Pradesh, India? Kindly assist me as I need to formulate a policy regarding the same at the earliest.

Thank you.

VENKAT

Dear Venkat,

First, examine under which of the Acts your unit is covered, i.e., The Factories Act, 1948, or the State Shops & Commercial Establishment Act before finalizing the leave policy. One must keep in mind the minimum number of statutory leaves to be granted under different heads.

Regards,
R.N. Khola
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
09810405361

Dear all,

Can anybody guide me on how to calculate a bonus and about the rules and regulations regarding bonus calculation?

Regards,
Atif

Dear friends,

Is it mandatory for a company to provide PL and CL to its employees? If yes, what is the minimum number of leaves that should be given under each category?