(2)Notwithstanding
anything contained in sub-section (1), an employee employed in the
said premises for wetting of beedi or tobacco leaves on the day on
which it remains closed in pursuance of sub-section (1), shall be
allowed a substituted holiday on one of the three days immediately
before or after the said day.
(3)For
a holiday under this section, an employee shall be paid, notwithstanding
any contract to the contrary, at the rate equal to the daily average
of his total full-time earnings for the days on which he had worked
during the week immediately preceding the holiday exclusive of any
overtime earnings and bonus but inclusive of dearness and other allowances.
Explanation.
-The expression “total full-time earnings” shall have the meaning
assigned to it in Sec.27.
1.Added
by Act 41 of 1993, Sec.
22.Notice
of periods of work. -
(1) Thereshall be displayed
and correctly maitained in every industrial premises a notice of periods
of work in such form and in such manner as may be prescribed, showing
clearly for every day the periods during which the employees may be
required to work.
(2)(a)A
copy of the notice referred to in sub-section (1) shall be sent in
triplicate to the Inspector having jurisdiction over the industrial
premises within two weeks from the date of the grant of a licence
for the first time under this Act, in the case of any industrial premises
carrying on work at the commencement of this Act, and in the case
of any industrial premises beginning work after such commencement,
before the day on which the work is begun in the industrial premises.
(b)Any
proposed change in the system of work which will necessitate a change
in the notice referred to in sub-section (1) shall be notified to
the Inspector in triplicate before the change is made and except with
the previous sanction of the Inspector, no such change shall be made
until one week has elapsed since the last change.
23.Hours
of work to correspond with notice under Sec. 2.
-No employeeshall be employed in any industrial premises otherwise
than in accordance with the notice of work displayed in the premises
under Sec.22.
24.Prohibition of employment
of children -Nochild
shall be required or allowed to work in any industrial premises.
25.Prohibition
of employment of women or young persons during certain hours -No woman or young person shall be required
or allowed to work in any industrial premises except between 6 a.m.
and 7 p.m.
26.
Annual leave with wages.
(1)Every employee in
an establishment shall be allowed in a calendar year leave with wages-
(i)In
the case of an adult, at the rate of one day for every tenty days
of work performed by him during the previous calendar year;
(ii)In
the case of a young person, at the rate of one day for every fifteen
days of work performed by him during the previous calendar year.
Explanation.
-The leave admissible under this sub-section shall be exclusive
of all holidays whether occurring during, or at the beginning or at
the end of, the period of leave.
(2)If
an employee is discharged or dismissed from service or quits employment
during the course of the year, he shall be entitled to leave with
wages at the rate laid down in sub-section (1).
(3)In
calculating leave under this section, any fraction of leave of half
a day or more shall be treated as one full day's leave and any fraction
of less than half a day shall be omitted.
(4)If
any employee does not, in any calendar year, take the whole of the
leave allowed to him under sub-section (1), the leave not taken by
him shall be added to the leave to be allowed to him in the succeeding
calendar year:
Provided
that the total number of days of leave that may be carried forward
to a succeeding year shall not exceed thirty in the case of an adult
or forty in the case of a young person.
(5)An
application of an employee for the whole or any portion of the leave
allowed under sub-section (1) shall be in writing and ordinarily shall
have to be made sufficiently in advance of the day on which he wishes
leave to begin.
(6)If
the employment of an employee who is entitled to leave under sub-section
(1) is terminated by he employer before he has taken the entire leave
to which he is entitled, or if having applied for leave, he has not
been granted such leave, or if the employee quits his employment before
he has taken the leave, the employer shall pay him the amount payable
under Sec. 27 in respect of leave not taken and such payment shall
be made, where the employment of the employee is terminated by the
employer, before the expiry of the second working day after such termination
and where the employee quits his employment, on or before the next
pay day
(7)The
leave not availed of by an employee shall not be taken into consideration
in computing the period of any notice required to be given before
discharge or dismissal.