Will any body clarify whether Leave is applicable to Contract Labour under CL (R&A) act.
If the your answer is 1 day leave earned for every 20 days worked as per Factory Act.
Whether is it mentioned specifically in CL Act to follow the above rules.
If yes please furnish under will section or sub-section.
Tapan
From India, Hyderabad
4If the your answer is 1 day leave earned for every 20 days worked as per Factory Act.
Whether is it mentioned specifically in CL Act to follow the above rules.
If yes please furnish under will section or sub-section.
Tapan
From India, Hyderabad
Firstly, leave with wages is specified in Factories Act, 1948 and any workmen working in a factory (Whether contract workmen or regular workmen) is entitled for the same. Futher, the definition of workmen in Factories Act also includes Contract workman.
Secondly, Section 21 of CLR Act, Contractor is responsible for payment of wages and principle employer shall authorizes wages. The definition of wages under Contract Labour Act, 1970 is as follows:
(h) "wages" shall have the meaning assigned to it in clause (vi) of section 2 of the
Payment of Wages Act, 1936 (4 of 1936);
The definition of wages under Payment of Wages Act is as follows:
vi) "wages" means all remuneration (whether by way of salary allowances or otherwise) expressed in terms of money or capable of being so expressed which would if the terms of employment express or implied were fulfilled by payable to a person employed in respect of his employment or of work done in such employment and includes -
(a) any remuneration payable under any award or settlement between the parties or order of a court;
(b) any remuneration to which the person employed is entitled in respect of overtime work or holidays or any leave period;
(c) any additional remuneration payable under the terms of employment (whether called a bonus or by any other name);
(d) any sum which by reason of the termination of employment of the person employed is payable under any law contract or instrument which provides for the payment of such sum whether with or without deductions but does not provide for the time within which the payment is to be made;
(e) any sum to which the person employed is entitled under any scheme framed under any law for the time being in force, but does not include -
(1) any bonus (whether under a scheme of profit sharing or otherwise) which does not form part of the remuneration payable under the terms of employment or which is not payable under any award or settlement between the parties or order of a court;
(2) the value of any house-accommodation or of the supply of light water medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the State Government;
(3) any contribution paid by the employer to any pension or provident fund and the interest which may have accrued thereon;
(4) any travelling allowance or the value of any travelling concession;
(5) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; or
(6) any gratuity payable on the termination of employment in cases other than those specified in sub-clause (d).
A combined reading of the above two defintions stipulate that the contractor si requried to pay leave wages and Principle Employer should ensure it.
From United States
Secondly, Section 21 of CLR Act, Contractor is responsible for payment of wages and principle employer shall authorizes wages. The definition of wages under Contract Labour Act, 1970 is as follows:
(h) "wages" shall have the meaning assigned to it in clause (vi) of section 2 of the
Payment of Wages Act, 1936 (4 of 1936);
The definition of wages under Payment of Wages Act is as follows:
vi) "wages" means all remuneration (whether by way of salary allowances or otherwise) expressed in terms of money or capable of being so expressed which would if the terms of employment express or implied were fulfilled by payable to a person employed in respect of his employment or of work done in such employment and includes -
(a) any remuneration payable under any award or settlement between the parties or order of a court;
(b) any remuneration to which the person employed is entitled in respect of overtime work or holidays or any leave period;
(c) any additional remuneration payable under the terms of employment (whether called a bonus or by any other name);
(d) any sum which by reason of the termination of employment of the person employed is payable under any law contract or instrument which provides for the payment of such sum whether with or without deductions but does not provide for the time within which the payment is to be made;
(e) any sum to which the person employed is entitled under any scheme framed under any law for the time being in force, but does not include -
(1) any bonus (whether under a scheme of profit sharing or otherwise) which does not form part of the remuneration payable under the terms of employment or which is not payable under any award or settlement between the parties or order of a court;
(2) the value of any house-accommodation or of the supply of light water medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the State Government;
(3) any contribution paid by the employer to any pension or provident fund and the interest which may have accrued thereon;
(4) any travelling allowance or the value of any travelling concession;
(5) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; or
(6) any gratuity payable on the termination of employment in cases other than those specified in sub-clause (d).
A combined reading of the above two defintions stipulate that the contractor si requried to pay leave wages and Principle Employer should ensure it.
From United States
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LEAVE ENCASHMENT NOT INCLUDED IN WAGES FOR P. F. CALCULATION.pdf
HC MAD 07 LEAVE ENCASHMENT NO WAGES.doc