Recents in Beach

Explain the provisions of holidays and leaves as prescribed under the Factory Act - 1948.

 The Factory Act, 1948 is an important piece of legislation that governs the functioning of factories in India. One of the key areas that this Act covers is the provisions related to holidays and leaves for workers in factories.

Provisions for Weekly Holidays 

The Factory Act, 1948 provides for one day of weekly holiday for every worker employed in a factory. This day of rest is usually Sunday, but it can be any other day of the week as decided by the factory management, subject to the following conditions:

  • The workers should be informed about the day of rest in advance
  • The day of rest should not be changed once it has been notified to the workers, except under certain circumstances (such as a public holiday falling on the day of rest)

If a worker is required to work on the weekly holiday, he/she is entitled to either a substituted holiday or overtime wages.

Provisions for Annual Leave with Wages 

The Factory Act, 1948 provides for annual leave with wages for workers employed in a factory. The following are the key provisions related to annual leave:

  • Every worker who has worked for a period of 240 days or more in a calendar year is entitled to annual leave with wages
  • The duration of the leave should be at least 1/20th of the period of service (i.e., 12 days for a worker who has worked for 240 days in a year)
  • The leave can be taken in one continuous period, or in two or more periods, as mutually agreed between the worker and the factory management
  • The leave should be granted within 12 months of the end of the calendar year in which it is earned

If a worker is not granted annual leave as per the above provisions, he/she is entitled to receive wages for the period of leave that he/she is entitled to.

Provisions for Sick Leave 

The Factory Act, 1948 also provides for sick leave for workers employed in a factory. The following are the key provisions related to sick leave:

  • Every worker who has worked for a period of 90 days or more in a calendar year is entitled to sick leave with wages
  • The duration of the sick leave should be at least 1/20th of the period of service (i.e., 12 days for a worker who has worked for 240 days in a year)
  • The leave can be taken in one continuous period, or in two or more periods, as mutually agreed between the worker and the factory management
  • The leave should be granted on the basis of a certificate from a registered medical practitioner

If a worker is not granted sick leave as per the above provisions, he/she is entitled to receive wages for the period of leave that he/she is entitled to.

Provisions for National and Festival Holidays 

In addition to the weekly holiday, workers are also entitled to a certain number of national and festival holidays as per the provisions of the Factory Act, 1948. The following are the key provisions related to national and festival holidays:

  • Workers are entitled to 3 national holidays (Republic Day, Independence Day, and Mahatma Gandhi's birthday) and 5 festival holidays (such as Diwali, Christmas, etc.) in a calendar year
  • If a worker is required to work on any of these holidays, he/she is entitled to either a substituted holiday or double the wages for that day

In conclusion, the Factory Act, 1948 provides for various provisions related to holidays and leaves for workers employed in a factory. These provisions are aimed at ensuring that workers are able to take adequate rest and recover from illness, and are treated fairly with regards to compensation for their work.

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