The provision relating to annual leaves with wages as laid down in the factories act 1948. The provision relating to annual leave with wages is an important achievement of factories act 1948. Actually this is such a welfare system which increases the efficiency of workmen. Section 78 to 82 the act provides in this respect. It is not worth it that the provision of annual leave with wages shall not affect right available under any law award agreement terms of employment but if a long period of leave is available in any award, agreement or contracts it shall be provided. This is for the benefit of workers 78 section now we will discuss the provision of annual leave with wages.
Section 78. Application of Chapter Under Annual Leave With Wages
- The provisions of this Chapter shall not operate to the bias of any right to that an employee is also entitled below the other law or below the terms of any award, agreement (including settlement) or contract of service: PROVIDED that if such award, agreement (including settlement) or contract of service provides for a longer annual leave with wages than provided in this Chapter, the quantum of leave, which the employee shall be entitled to, shall be in accordance with such award, agreement or contract of service, but in relation to matters not provided for in such award, agreement or contract of service or matters which are provided for less favorably therein, the provisions of sections 79 to 82, so far as may be, shall apply.
- The provisions of this Chapter shall not apply to staff in any factory of any railway administered by the govt, who are governed by leave rules approved by the Central Government.
Section 79. Annual Leave With Wages
- Each employee World Health Organization has worked for an amount of 240 days or additional during a plant throughout a year shall be allowed throughout the next year, annual leave with wages for a variety of days calculated at the speed of:
- If associate adult, someday for every twenty days of labor performed by him throughout the previous calendar year
- If a toddler, someday for every fifteen days of labor performed by him throughout the previous year.
- Explanation 1: For the aim of this sub-section:
- Any days of lay-off, by agreement or contract or as permissible under the standing orders
- Within the case of a feminine employee, maternity leave for any range of days not prodigious twelve weeks
- The leave earned within the year before that during which the leave is enjoyed shall be deemed to be days on that the employee has worked during a plant for the aim of computation of the amount of 240 days or additional, but shall not earn leave for these days.
- Explanation 2: The annual leave with wages is permissible below this subsection shall be exclusive of all holidays whether or not occurring throughout or at either finish of the amount of leave.
- A employee whose service commences otherwise than on the primary day of Gregorian calendar month shall be entitled to depart with wages at the speed set down in clause (i) or, as the case is also, clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calendar year.
- If a employee is discharged or discharged from service or equal his employment or is superannuated or dies whereas in commission, during the course of the calendar year, he or his heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death calculated at the rates per sub-section (1), even if he had not worked for the entire period specified in sub-section (1) or sub-section (2) making him eligible to avail of such leave, and such payment shall be made:
- Wherever the employee is discharged or discharged or equal employment, before the expiry of the second working day from the date of such discharge, dismissal, or quitting; and
- Wherever the employee is superannuated or dies whereas in commission, before the expiry of two months from the date of such superannuation or death.
- In scheming leave below this section, a fraction of leave of half a day or more shall be treated as one full day’s leave, and a fraction of less than half a day shall be omitted.
- If an employee doesn’t in anyone year take the total of the leave allowed to him below sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be another to the leave to be allowed to him within the succeeding calendar year: Provided that the full range of days of leave which will be carried forward to a succeeding year shall not exceed thirty within the case of associate adult or forty in the case of a child: PROVIDED more than an employee, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub-section (8) and (9) or in contravention of sub-section (10) shall be entitled to carry forward the leave refused without any limit.
- An employee might at any time apply in writing to the manager of a plant not but fifteen days before the date on that, he needs his leave to begin, to require all the leave or any portion therefrom allowable to him throughout the calendar year: Provided that the applying shall be created not but thirty days before the date on that the employee needs his leave to start if he is employed in a public utility service as outlined in clause (n) of section two of the economic Disputes Act, 1947 (14 of 1947): PROVIDED any that the amount of times during which leave is also taken throughout any year shall not exceed 3.
- If an employee desires to avail himself of the leave with wages because of him to hide an amount of unhealthiness, he shall be granted such leave though the application for leave is not made within the time specified in sub-section (6); and in such a case wages as admissible under section 81 shall be paid not later than fifteen days, or within the case of a service service not later than thirty days from the date of the appliance for leave.
- For the aim of making certain the continuity of labor, the occupier or manager of the manufacturing plant, in agreement with the Works Committee of the factory constituted under section 3 of the commercial Disputes Act, 1947 (14 of 1947), or a similar Committee constituted under any other Act or if there is no such Works Committee or a similar Committee in the manufacturing plant, in agreement with the representatives of the employees in that chosen within the prescribed manner, may lodge with the Chief Inspector a scheme in writing whereby the grant of leave allowable underneath this section is also regulated.
- A scheme lodged under sub-section (8) shall be displayed at some conspicuous and convenient places in the factory and shall be in force for a period of twelve months from the date on that it comes into force, and will thenceforth be revived with or while not modifications for an additional amount of twelve months at a time, by the manager in agreement with the Works Committee or an analogous Committee, or because the case is also, in agreement with the representatives of the workers as specified in sub-section (8), and a notice of renewal shall be sent to the Chief Inspector before it’s revived.
- An application for leave that doesn’t contravene the provisions of sub-section (6) shall not be refused, unless refusal is in accordance with the theme for the nonce in operation under sub-sections (8) and (9).
- If the employment of a worker who is entitled to leave under subsection (1) or sub-section (2), as the case may be, is terminated by the occupier before he has taken the whole leave to that he’s entitled, or if having applied for and having not been granted such leave, the worker quits his employment before he has taken the leave, the occupier of the manufacturing plant shall pay him the number due underneath section eighty in respect of the leave not taken, and such payment shall be made, where the use of the employee is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker who quits his employment, on or before the next payday.
- The disclosed leave of an employee shall not be taken into thought in computing the amount of any notice needed to lean before discharge or dismissal.
Alembic chemical works vs workmen, AIR 1961 SS.C. 647 the supreme court held that when section 79 subclass 1 provides that every worker shall be allowed leaves as prescribed the provision prima-facie sounds like a provision for the minimum rather than for the maximum leaves which may be awarded to the worker. In the case of B.Y. SHATRIYA PRIVATE LIMITED VS UNION OF INDIA , AIR 1963 SC 1591 , it has been held by the supreme court that the right of leave with wages in respect of person recognised as an employee or a workman arising under the section 79 at that time when he has worked from whole period during his employment for prescribed day in the previous year.
Section 80. Wages during the leave period Under Annual Leave With Wages
- For the leave allowed to him under section 78 or section 79, as the case may be a worker shall be entitled to wages at a rate equal to the daily average of his total full-time earnings for the times on that he really worked throughout the month right away preceding his leave, exclusive of any overtime and bonus but comprehensive of expensiveness allowance and therefore the certificate of indebtedness of the advantage accruing through the concessional sale to the employee of food grains and alternative articles. PROVIDED that within the case of an employee, World Health Organization has not worked on any day throughout the time period right away preceding his leave, he shall be paid at a rate equal to the daily average of his total full time earnings for the times on that he really worked throughout the last time period preceding his leave, in which he actually worked, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the workers of food grains and other articles.
- The certificate of indebtedness of the advantage accruing through the concessional sale to the employee of food grains and alternative articles shall be computed as typically as is also prescribed, on the premise of the most amount of food grains and alternative articles permissible to a regular family.
- Explanation 1: “Standard family” suggests that family consisting of an employee, his or her spouse and two children below the age of fourteen years requiring in all three adult consumption units.
- Explanation 2: “Adult consumption unit” suggests that the consumption unit of a male on top of the age of fourteen years; and therefore the consumption unit of a feminine on top of the age of fourteen years which of a toddler below the age of fourteen years shall be calculated at the rates of .8 and .6 respectively of one adult consumption unit.
- The State Government may make rules prescribing:
- The style during which the certificate of indebtedness of the advantage accruing through the kiosk sale to an employee of food grains and alternative articles shall be computed
- The registers shall be maintained during a plant for the aim of securing compliance with the provisions of this section.
Section 81. Payment in Advance in Certain Cases
An employee United Nations agency has been allowed to leave for not but four days, within the case of associate degree adult, and 5 days. Within the case of a toddler, shall before his leave begins, be paid the wages due for the period of the leave allowed.
Section 82. Mode of recovery of Unpaid Wages
Any add needed to be paid by associate degree leader, beneath this Chapter however not paid by him shall be redeemable as delayed wages beneath the provisions of the Payment of Wages Act, 1936 (4 of 1936).