Calculation of ‘One year’, ‘six months’ and ‘wages’ in certain cases

Calculation of ‘One year’, ‘six months’ and ‘wages’ in certain cases :

(1) For the purpose of this chapter, a worker who, during the preceding twelve calendar months, has actually worked in an establishment for not less than two hundred and forty days and one under and twenty days as the case may be shall be deemed to have completed ‘one year’ or ‘six months’ respectively of continuous service in the establishment.

(2) For the purpose of calculation of the number of days on which a worker actually worked in an establishment as mentioned in sub-section (1) the days on which-

• (a) the day during which he has been laid-off;
• (b) he has been on leave with or without wages due to sickness or accident;
• (c) he has been on legal strike or out of work due to illegal lock-out;
• (d) in the case of female worker, she has been on maternity leave not exceeding sixteen weeks; shall be conted.

(3) For the purplse of calculation of compensation under section 19,20,or 23 or wages under section

22, 23, 26, or 27 ‘wages’ shall mean the average of the basic wages and dearness allowance and adhoc

or interim pay, if any, paid to the worker during the period of twelve months immediately

preceding the date of his retrenchment, dismissal, removal, discharge, retirement or termination of

employment, as the case may be.

Bangle Translation :