Workers at my factory in Meerut have accumulated leave with wages; how is leave entitlement calculated and when must it be granted?
IM Asked by Imran Sheikh from India
Quick Answer
Under Section 79 of the Factories Act, 1948, every worker who has worked for 240 days or more in a calendar year is entitled to leave with wages at the rate of one day for every twenty days worked for adults and one day for every fifteen days for children.
Detailed Legal Analysis
Under Section 79 of the Factories Act, 1948, every worker who has worked for 240 days or more in a calendar year is entitled to leave with wages at the rate of one day for every twenty days worked for adults and one day for every fifteen days for children. The leave can be accumulated up to thirty days for adults, and the employer must pay wages in advance before the worker proceeds on leave if applied for.
The leave cannot be refused if it does not result in excessive absence, and the employer must maintain a leave register. Workers who do not avail leave may carry it forward subject to the accumulation limit.
The Allahabad High Court may be approached for enforcement of leave entitlement. The Uttar Pradesh Rent Control Act 1972 on factories may prescribe additional leave provisions.
Non-grant of leave or non-payment of leave wages attracts fine under Section 92, and the worker can file a complaint before the Labour Court.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.