LEAVE RULES FOR WORKERS
3. Grenthing of leave and Recalling from leave
6. Commencement and termination of leave
8. Station of return from leave
10. No leave during suspension
II General conditions/Extend of
different kinds of leave
8. Leave for Foreign Assignment
GRN LEAVE RULE
- 02
LEAVE RULE IN RESPECT OF WORKMEN COVERED UNDER THE
CERTIFIED STANDING ORDERS OF K.A.M.C.
LTD. AND MEMORANDUM OF SETTLEMENT WITH THE TRADE UNIONS FROM TIME TO TIME.
(1) Subject to provisions of the certified standing Orders and long term settlements between the Management and workmen in force from time to time the workmen of KAMC Ltd. may be granted following kinds of leave.
(a)
Casual Leave.
(b) Earned Leave (Leave with wages as provided under Chapter VIII of the Factories Act 1948)
(c) Half Pay leave (for those who are not covered under ESI Scheme)
(d)
E.S.I. C. Leave
(e)
Special Leave
(f) Maternity Leave (as per Maternity Benefit
Act 1961) and
(g)
Leave for Foreign Assignment.
Except in the case of leave on medical grounds,
workmen shall not avail himself of leave of any nature or absent himself from
duty without prior sanction. If any
workmen absents himself on medical grounds, the sanctioning authority may
refuse to sanction the leave unless a certificate from an authorised medical
practivitioner is produced showing a reasonable justification for the absence
on medical grounds.
The Managing Director, or any officer to whom
this power has been delegated by him
may grant leave to a workman and may also cancel it subsequently before the
workman has proceeded on leave. A
workman, who has already proceeded on leave may be recalled by the authority
competent to sanction the leave.
A workman shall, before proceeding on leave, intimate to the authority
granting the leave his address while on leave, and shall keep the said
authority informed of any change in the address previously furnished.
i.
Application for Earned leave, Maternity leave and Extra-ordinary
leave shall be submitted at least 15
days before the date from which leave is required (in the case of Maternity
leave, the probable date by which leave might be required), provided that the
sanctioning authority may sanction the leave not with standing the application
being submitted date.
ii. Application
which do not satisfy the requirement of Clause (i) of this Standing Orders may
be refused without reason being given.
i. The
first day of a workman’s leave is the working day on which he makes over charge
if he does so in the F.N. and , if he makes over charge in the A.N., the
succeeding working day.
ii. The last day of a workman’s leave is the working day on which
he returns to duty if he does so in
A.N. and, if he returns to duty in the F.N. the proceeding, working day.
Unless he is permitted to do so by the authority
competent to grant his leave a workman on leave other than casual leave shall
not return to duty before the expiry of the period of leave granted to him.
A workman on leave shall unless instructed to the
contrary, return for duty to the place at which he was last stationed.
The Officer who sanctioned the leave may require a
workman who has availed himself of leave for reasons of health, to produce a
medical certificate of fitness before he resume duty even if such leave was not
actually granted on a medical certificate.
Leave may not be granted to a workman under
suspension or against whom proceedings are pending under Rule 19.3 of the
Standing Orders of the Company.
The leave wages due to a worker for the period of
Earned leave or Maternity leave properly sanctioned to him/her may be disbursed
on the day on which he/she proceeds on leave or on any subsequent day as
provided under the Factories Act 1948
or Maternity Benefit Act 1961.
Leave cannot be claimed as a matter of right. When the exigencies of a workman’s service
require, discretion to refuse or revoke leave of any description is reserved to
the authority empowered to grant it.
The nature of leave due and applied for
by a workman cannot be altered at the option of the sanctioning
authority and while it is opened to the sanctioning authority to refuse or revoke the leave due any
applied for, it is not open to him to alter the nature of such leave.
A
workman (other than temporary/casual contract) who has completed 6 months of
continuous service or has actually worked for 120 days – whichever is earlier –
may be granted 12 days casual leave with full wages per Calendar year. Casual leave may be taken for half a day or
multiples of half a day, but shall not be taken for more than 5 days at a time. Holidays occurring during and at either end of a period of casual
leave shall not be treated as days
spent on casual leave. Casual leave
cannot be no form of leave can be combined with casual leave, either
continuously or connected by a holiday or holidays. Casual leave will be treated as duty and a worker may drawn pay
and allowances during days spent on casual leave in the same manner as duty.
Workmen in provisional service and
temporary/contract workmen during the 1st year of service shall
avail of casual leave only after it is earned at the rate of 1 day for each
completed month of service, a month being reckoned from the date of joining
service to the corresponding date in the subsequent calendar month.
Subject to the provisions
contained in the certified Standing Orders and Memorandum of settlement
between the management and Trade Unions
from time to time all workmen (except temporary/casual/contract) covered under
the Standing Orders will be credited Earned Leave with full wages at the following rate every Calendar
year.
For every 10 days work upto 240 days : 1 day
For every 8 days work over
240 days : 1 day
In the case
of Temporary/Casual/Contract workman earned leave with wages will be credited
at the rate of 1 day for every 20days of work performed.
The
maximum number of earned leave that can be earned by a worker during
A calendar
is 30 days.
Earned
leave can be taken only for complete days.
Holidays occurring during or at the end of each period of leave will be
left out for the purpose of reckoning the days of earned leave. Whenever
leave is applied for on medical ground, the sanctioning authority may insist on
the production of a certificate from a registered medical practitioner or
E.S.I. Doctor detailing the circumstances for the leave.
Earned
leave can be carried over from one calendar year to the next subject to maximum
leave prescribed under rule.
Earned
leave cannot be combined with Casual leave, but may be combined with other
forms of leave.
Earned leave may be accumulated upto 300 days and a permanent workmen
will be allowed to surrender earned leave to
his credit only once in a financial year the maximum of which shall not
exceed 20 days in a year and on such surrender he will be paid cash emolument
for leave so surrendered equal to the leave wages admissible date of surrender.
Earned leave cannot be retrospectively or prospectively surrendered.
a. ‘Half Pay Leave’ means leave earned in respect of completed year of
service.
b. Completed year of service means a period of 12 months from 1st of January to 31st December every calendar year.
c. Half pay leave can be
taken for ˝ a day or multiples of half a day.
d. Half Pay leave as provided under the rule may be availed of
on private affairs or on medical certificate.
e. (1)
During the full period of service, a permanent workman other than the
workmen covered under E.S.I. Scheme may be granted Half Pay Leave in lieu of
sick Leave for a period calculated at the rate of twenty days for each
completed calendar year of service.
(2) A workman on behalf
half pay leave is entitled to leave wages equal t o half of the basic pay and full allowances
entitled to him on the day before the day on which the leave commences,
provided that where a workman has served the Corporation for at least a period
of five years, he may if he so requests, be permitted to avail himself of Half
Pay at full pay for a period not
exceeding half of the number of days of Half Pay leave already earned by him,
such leave being entered as twice the period of leave taken in his Half Pay
leave account. When commuted leave is
granted, twice the amount of such leave shall be debited against Half Pay leave
due.
A workman will be granted E.S.I. leave for the period and in accordance
with the Employees State Insurance
Scheme. The employee will not be
entitled to any wages from the company during the period of Such E.S.I. Leave.
No workman is entitled to any leave other than
those enumerated above. However, the
management at its option and discretion may grant any number of days of special
leave to any workman on special grounds such as enabling a workman, to attend
to sports or games attend Seminars and other similar events in which the
Company is interested etc. Special
leave for accident occurred inside the Company premises will be considered only
when employee does not have any other leave to his/her credit based on the
merit of the case.
Special leave may be granted to a workman of the
Corpn. Who actually donate blood for a maximum number of 2 days in a calendar
year subject to production of the certificate from authority concerned.
(iii) Workman
of the Company who attend to various programms relating to ‘Peoples’ Campaign
of the Govt. shall be eligible for a maximum of 10 days ‘duty leave’ during a
calendar year long as the ‘Peoples’ Campaign linked with Five year plan exists
in Govt. provided necessary certificate is produced from competent
authority. It is further provided that
the workman who desires to attend the Peoples Campaign Programs should obtain prior permission from the Company.
A woman
worker – who is not covered under E.S.I. Scheme will be granted Maternity leave
for a maximum period of 84 days subject to rules provided under the Maternity
Benefit Act 1961.
Maternity leave cannot be combined with casual leave but may combined with other forms of leave. An application for availing of Maternity leave shall be submitted in the prescribed form at least 15 days before the date on which the worked proposes to proceed on leave.
Workers covered by the Standing Orders will be
granted leave without pay not exceeding 3 years for foreign assignment. However extension of leave shall be granted
beyond three years and up to 20 years with the prior approval of the Govt. This will be granted to the workmen
concerned subject to availability of substitutes and capability of the Corn. To
spare the service of these employees and to subject to rules issued from time
to time.
Sub:- Grant of
leave without Allowances for taking up employment abroad or
elsewhere in
India and Leave without Allowances for joining husband / wife
abroad
or elsewhere in India to the employees
of the Corporation –
Revised Orders issued.
Ref:- 1. M.D.’s
Order No.31/87 dated 14-12-1987 as amended.
2. M.D.’s
Order No.07/96 dated 04-05-1996.
3. Govt. Circular
No.13818/BPE.2/02/Plg. dated 04-12-2003.
4. Board Resolution No.2335 dated
05-03-2004.
5. M.D.’s
ORDER NO.05/2004 DATED
24-03-2004.
Govt. as per Circular No.10432/BPE-1/95/Plg. dated 20-01-1996 had issued
guidelines for granting leave without allowances for taking up employment
abroad or elsewhere in India to the employees of the State Public Sector
Undertakings which was incorporated in the Foreign Assignment Leave rules of
this Corporation vide M.D.’s Order No.07/96 dated 04-05-1996. But, there is
no provision in the said Circular for
granting leave without allowances to a
husband or wife employed in a Public Sector undertaking to join his
wife or her husband as the case may be
working abroad or elsewhere in
India. Govt. found it not desirable to
adopt as such and enforce the provisions in this regard prevailing in Govt.
Service for extending leave up to 20 years in the State Public Sector
Undertakings where the service
conditions, job contents, etc. vary
from Public Sector undertaking to Public Sector Undertaking in contra-distinction with Govt. Service where
the service rules are uniform. Moreover, most of the employees in Public
Sector Undertakings will be either
professional or technical hands like Engineers, MBA’s, Chartered
Accountants, etc. whose absence for longer periods is very likely to affect the
smooth functioning of the concerned
organisation.
Under the above circumstances,
certain additional guidelines have been issued by Govt. vide Govt. Circular
dated 04-12-2003 referred as item (3) above for granting leave without allowances to the Employees of State
Public Sector undertakings for taking up employment abroad or elsewhere in
India and also for leave without allowances for joining husband or wife, as the case may be employed abroad or
elsewhere in India. In line with the above Govt. Circular leave without allowances for taking up
employment abroad or elsewhere in India will be granted to the employees of
this Corporation also up to a maximum
period of 20 years subject to the following conditions as laid down in the above Govt. Circular.
(a)
Leave without
allowances for taking up employment abroad or elsewhere in India will be granted up to three years, at a time if the Company
is satisfied that it can manage its affairs without the appointment of a substitute from outside in the resultant
vacancy.
(b)
Extension of the
leave shall be granted beyond three
years and up to 20 years with the prior
approval of Government, if the Management is satisfied that the person applying
for leave can be allowed to continue on leave without having a substitute
appointed in his place and that such an
extension of the leave will not in any way affect the operations of
the Corpn.
(c)
The Corporation will
have the discretion not to sanction the leave or to sanction the leave only for
a shorter period and also to recall the employees on leave before the
completion of the period of the
sanctioned leave.
(d)
The employees can
proceed on leave only after the leave
is duly sanctioned by the Competent authority.
(e)
Employees who absent
themselves without getting the leave duly
sanctioned will be treated as on unauthorised absence and action will be
taken to terminate their service.
(f)
For and during the
currency of the period of leave, the employees will lose all service benefits, such as
the earning of leave including half pay leave,
gratuity, increment, etc.
and also promotion chances which may arise with reference to their seniority in the posts
from which they proceeded on leave. They will also lose seniority in the higher
grade / grades as against their juniors
who may get promoted to such higher grade / grades before they rejoin duty.
(g)
Probationers,
trainees, temporary employees, etc. will not be entitled to apply for this
leave.
(h)
Those who are under
contractual / bonded obligation to serve the
Corporation for a prescribed period will not be granted this leave till
the period covered by the contract / bond is over, unless they settle the contractual / bonded obligations before the
grant of leave. The amount remitted on that account will not be refunded under any
circumstances. Similarly, employees against
whom disciplinary action or vigilance
enquiry is pending will not be eligible for this leave.
(i)
Those who had availed
themselves of any loan such as house building
advance, conveyance advance, etc. will clear the dues before the grant of leave.
(j)
If an employee,
availing himself of the leave without allowances does not return to duty
immediately on the expiry of the leave, he will be treated as on
unauthorised absence and action
will be taken to terminate his service.
Leave without allowances will be granted
to the employees of this Corporation for the purpose of joining husband
or wife, as the case may be, employed abroad or elsewhere in India subject to the following conditions:
(i)
Leave without allowances for the above purpose will be granted
up to two years at a stretch, in the first instance, and subsequently, for another two years by ensuring that there is an interval
of one year between the expiry date of
the first leave and the commencing date
of the second leave, and again for
another two years with such an interval
as the one mentioned above, after
obtaining a written undertaking from the employee concerned that he / she will not take up any
employment at the place where he /
she joining his / her wife / husband
without prior permission of the management.
This leave will be granted only if the Corporation is satisfied that it
can manage its affairs without the
appointment of a substitute from outside in
the resultant vacancy.
(ii)
Any leave subsequent
to and beyond the three spells
mentioned above, but up to a
maximum of 20 years, shall be granted
only with the prior permission of the
Government, provided the Management is
satisfied that the person applying for leave can be allowed to continue on leave without having a substitute appointed in his place and that such granting of leave
will not in any way affect the operations of the Corporation.
(iii)
The other conditions
will be the same as those contained in clauses (c ) to (j ) above.
The amendment to Foreign Assignment
Leave rules incorporated in this Corporation as per M.D.’s Order No.07/96 dated
04-05-1996 is, hereby cancelled.