Leave policy - is there any specific leave policy for part time employees?

Hi, is there any specific leave policy for part-time employees?

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Hi, is there any specific leave policy for part-time employees?

To my knowledge, leave of any kind is applicable to only full-time employees.

We have part-time employees. We have devised leave entitlement based on the number of hours of employment. For example, a full-time employee is entitled to 1 day of CL, we provide 1/2 day of CL as the part-time employee is required to work only for 4 hours a day. Similarly, EL is also half of the other employees. These entitlements are mentioned in their appointment letter.

Col. Rathi

There should be some leave plan for part-time employees as well. What Col. Rathi has posted is an interesting and innovative approach.

One may consider either the Factories Act or the S & E Act as applicable - 50% leave entitlement as per the act or any other innovative idea.

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The leave rules for full-time and part-time employees are the same as they will be covered by the Factory Act/Shop & Establishment Act and the relevant Standing Orders.

While the leaves are the same, the applicability will be in line with the number of hours they work.

So if he gets 1 day for every 20 days worked, in the case of a full-time employee, he gets a full day leave, and the part-timer gets leave for the hours he normally works. In effect, he also gets the full day as he was only required to work those many hours.

Request Mr. Banerjee to quote the relevant rule.

Col. Rathi

To my knowledge, all the Indian Labor Laws define a person employed under another as an employee only. Therefore, an employee required to work on a part-time basis based on either the nature of the work or the convenience of the parties falls within the ambit of the definition of the term, which presupposes the existence of a contract of service either implicit or explicit. In this connection, I shall quote the judgment of the Honorable Supreme Court of India in New India Assurance Company Ltd. v A. Sankaralingam (2008) 10 SCC 698.

The term "part-time" denotes that the employee is at the disposal of the employer in connection with his employment for a mutually predetermined limited time only. Hence, the salary or wages would only be proportionate to the limited working hours. It would imply that the benefits of employment that can be quantified would also be on a pro-rata basis only.

Dear Mr. Umakanthan,

Thank you for your reply and clarification. We are following this method only, as stated in my post.

Regards,
Col. Rathi

Col. Suresh Rathi

I think Mr. Umakantha has explained the point which you were asking me to provide the rules for. I can still provide the sections, etc., for it if you need. It is always a good exercise when someone wants details. We all learn from it.