Chapter - VIII

LEAVE WITH WAGES

 

112.    Register of leave with wages

113.    Leave Book

114.    Medical certificate

115.    Notice to Inspector of involuntary unemployment

116.    Notice by worker

117.    Notice of leave with wages

118.    Payment of wages of the worker who dies

119.    Register to be maintained in case of exemption under Section 84

 

 

Rules 112 to 119 prescribed under sections 83 and 112.

 

112.    Register of leave with wages

 

The manager shall keep a register in Form 20 hereinafter called the register of  leave with wages:

 

Provided that if the Chief Inspector is of the opinion that any and muster roll or register maintained as part of the routine of the factory, or return made by the manager, gives, in respect of any or all of the workers in the factory, the particulars required for the enforcement of Chapter VIII of the Act, he may, by order, in writing, direct that such muster roll or register shall, to the corresponding extent, be maintained in place of and be traced as the register or return required under this rule in respect of that factory.

 

(2)The register of leave with wages shall be preserved for a period of three years after the last entry in it and shall be produced before the Inspector on demand.

113.          Leave book

 

(1)     The manager shall provide each worker  who  has become entitled  to  leave during a calendar year, with a book in Form 21 (hereinafter called leave book) not later than 31st January of the following calendar year.  The leave book shall be the property of the worker and the manager or his agent shall not demand it except to make entries of the dates of holidays or interruptions in service, and shall not keep it for more than a week at a time :

 

Provided that in the case of a worker who is discharged or dismissed from service during  the course of the year, that is, who is covered under sub-section (3) of section 79 of the Act, the manager shall issue an abstract from the register of leave with wages (Form 20) within a week from the date of discharge or dismissal as the case may be.

 

(2)          If a worker loses his leave book, the manager shall provide him with another copy on the payment of paise ................ and shall complete it from his record.

 

114.    Medical certificate

If any worker is absent from work and it appears that his absence is due to illness, he shall, if so required by his manager by a notice in writing, submit a medical certificate signed by a registered medical practitioner or by a registered or recognised vaid or hakim stating the cause of the absence and the period for which the worker is, in the opinion of such medical practitioner, vaid or hakim, unable to attend to his work.

 

115.    Notice to Inspector of involuntary unemployment

The manager shall give, as soon as possible, a notice to the Inspector of every case of involuntary unemployment of workers, giving numbers of unemployed and the reason for their unemployment.  Entries to this effect shall be made in the register of leave with wages and the leave book in respect of each worker concerned.

 

116.    Notice by worker

 

Before or on the completion of a period of twelve months continuous service in the factory, as defined in section 79, a worker may give notice to the manager of his intention not to avail himself of holidays falling due in the following period of twelve months.  The manager shall make an entry to that effect in the register of leave with wages and in the leave book of the worker concerned.

 

117.    Notice of leave with wages

 

(1)               Except in regard to a worker who has given notice of his intention not to avail himself of holidays in the year in which these fall due, the manager shall, by a notice displayed at the place at which the notice of the periods of work required by section 61 is displayed, fix the dates on which leave with wages shall be allowed to each worker or group of workers including any worker who has accumulated his leave.  This date shall not, in an individual case, be earlier than four weeks from the date of notice unless the worker agrees to take the leave earlier.  The necessary entries shall be made in the register of leave with wages and the leave book of the worker concerned.

 

(2)               As far as circumstances  permit, members of the same family comprising husband, wife and children shall be allowed leave on the same date.

 

(3)               The manager may  alter  the dates fixed for leave  only after  giving a notice of four weeks to the worker.

 

(4)               A worker  may  exchange the period  of  his leave  with  another  worker, subject to the approval of the manager.

 

 

118.    Payment of wages if the worker dies

If a worker dies before he resumes work, the balance of his pay due for the period of holidays shall be paid to his nominee within one week of the intimation of the death of the worker.  For this purpose each worker shall submit a nomination in Form 22 duly signed by himself and attested by two witnesses.  The nomination shall remain in force until it is cancelled or revised by another nomination.

 

119.    Register to be maintained in case of exemption under section 84

 

1)             Where an exemption is granted under section 84, the manager shall maintain a register showing the position of each worker as regards leave due, leave taken and wages granted.

 

2)             He shall display at the main entrance of the factory a notice giving full details of the system established in the factory for leave with wages and shall send a copy of it to the Inspector.

 

3)             No alteration shall be made in the scheme approved by the State Government at the time of granting exemption under section 84 without its previous sanction.