Annual Leave With Wages

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Factories Act 1948 (1) The provisions of this Chapter shall not operate to prejudice of any right to which a worker may be entitled under any other law or under 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 worker shall be entitled to, shall be in accordance with such aw
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  Factories Act 1948    (1) The provisions of this Chapter shall not operate to prejudice of any right to which a worker may be entitled under any other law orunder the terms of any award, agreement including settlement orcontract of service:Provided that if such award, agreement (including settlement) orcontract of service provides for a longer annual leave with wagesthan provided in this Chapter, the quantum of leave, which the worker 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 ormatters which are provided for less favorable therein, theprovisions of sections 79 to 82, so far as may be, shall apply.(2) The provisions of this Chapter shall not apply to workers inany factory of any railway administered by the Government, whoare governed by leave rules approved by the Central Government   ( 1) Every worker who has worked for a period of 240 days or more in afactory during a calendar year shall be allowed during the subsequentcalendar year, leave with wages for a number of days calculated at therate of -(i) if an adult, one day for every twenty days of work performed by himduring the previous calendar year;(ii) if a child, one day for every fifteen days of work performed by himduring the previous calendar year.Explanation 1. - For the purposes of this sub-section- (a) any days of lay-off, by agreement or contract or as permissible underthe standing orders; (b) in the case of a female worker, maternity leave for any number of daysnot exceeding twelve weeks; and (c) the leave earned in the year prior to that in which the leave is enjoyed;shall be deemed to be days on which the worker has worked in a factoryfor the purpose of computation of the period of 240 days or more, but heshall not earn leave for these days.Explanation 2. - The leave admissible under this sub-section shall beexclusive of all holidays whether occurring during or at either end of theperiod of leave.   (2) A worker whose service commences otherwise than on the firstday of January shall be entitled to leave with wages at the rate laiddown in clause (t) or, as the case may be, clause (ii) of sub-section(1) if he has worked for two-thirds of the total number of days inthe remainder of the calendar year.(3) If a worker is discharged or dismissed from service or quits hisemployment or is superannuated or dies while in service, during thecourse of the calendar year, he or his heir or nominee, as the casemay be, shall be entitled to wages in lieu of the quantum of leave towhich he was entitled immediately before his discharge, dismissal,quitting of employment, superannuation or death, calculated at therates specified in sub-section (1), even if he had not worked for theentire period specified in sub-section(1) or sub-section (2) makinghim eligible to avail of such leave, and such payment shall be made  (i) where the worker is discharged or dismissed or quitsemployments before the expiry of the second working day from thedate of such discharge, dismissal or quitting; and  (ii) where the worker is superannuated or dies while in service,before the expiry of two months from the date of suchsuperannuation or death.
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