Factories act 1948 Annual leave with wages

special provisions penalties and procedures

By RESMI B

Rules relating to the annual leave with wages are: ( sec 79) Every worker who has worked for a period of

240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year leave with wages for certain no of days.

• If an adult, 1 day for every twenty days of work performed by him during the previous calendar year.

• If a child, one day for every 15 days of work performed by him during the previous calendar year.

Annual leave with wages( sec 78-84)

For computing the period of 240 days, the

days of layoff, maternity leave to female worker not exceeding 12 weeks, and the leave earned in the previous year shall be included in this period, but he shall not earn leave for these days.

A worker who is employed on any day after the first day of January shall be entitled to leave with wages at the rates laid down in sec.79(1) if he has worked for 2/3 of the total no of days in the remainder of the calendar year.

Other rules

If a worker is discharged or dismissed from

service or quits his employment or dies while in service, during the course of the calendar year, he or his nominee, as the case may be, shall be entitled to wages

In calculating leave period, fraction of leave of half a day or more shall be treated as one full days leave and fraction of less than half a day shall be omitted [sec 79(4)].

If a worker does not in any one calendar year

take the whole leave allowed to him, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year. But the total no of days leave that may be carried forward to a succeeding year shall not exceed 30 for adult & 40 for child

A worker may at any time apply for annual leave in writing to the manager of the factory not less than 15 days before the date on which he wishes his leave to begin.

An application for leave submitted in proper

time shall not be refused, unless refusal is in accordance with the scheme for leave for the time being in operation.

The un availed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.

Wages during leave period(sec.80) For leave allowed to a worker he shall be entitled to wages at a rate equal to the daily average of his total full time earnings for the days on which he actually worked during the month immediately preceding his leave. in case of a worker who has not worked on any day during the calendar month immediately preceding his leave, he shall be paid at a rate equal to the daily average of his total full time earning

Payment in advance in certain cases(sec.81) A worker who has been allowed leave for not less than 4 days, in the case of an adult, and 5 days, in the case of a child, shall before his leave begins be paid the wages due for the period of the leave allowed.

Mode of recovery of unpaid wages( sec 82) Any sum required to be paid by an employer as wages but not paid by him shall be recoverable as delayed wages under the provisions of the payment of wages Act 1936. Power to make rules (sec 83 ) State government may make rules directing the managers of the factories to keep registers containing prescribed particulars and requiring the register to be available for examination by inspectors.

Power to exempt factories (sec.84 ) State government may exempt a factory from the operation of the leave rules if it is satisfied that its own leave rules provide benefits which are not less favourable to the workers than the statutory leave rules

Power to apply the Act to certain premises

( sec. 85) Sec.85 of the Act empowers the state government to issue notification in the official gazette and declare all or any of the provisions of this Act shall apply to any place where a manufacturing process is carried on with or without the aid of power in spite of the fact that the no of persons employed therein is less than the stipulated minimum, or the person working therein are not employed by the owner but are working with the permission of, under agreement with the owner

Special provisions