Do you know how the head employer of workers in a factory in Karnataka keeps a record and follow-up on employee leaves? A systematic approach is laid out in the rules and regulations of the Karnataka Factories Rules,1969.
P. Nair, recently appointed as the Manager of the textile factory in Bangalore, wasn't aware of the kind of leaves the employees could take and how he needed to maintain a record of the same.
This is where Form 14, Karnataka Factories Act, comes into existence.
The Inspector appointed to maintain the compliance of the Act can check the Form 14, Karnataka Factories Act leaves record anytime, so the employer must maintain it diligently to avoid non-compliance and penalty.
Let us read more about how to fill details of Form 14, Karnataka Factories Act.
Table of Contents
- About the Form 14, Karnataka Factories Act
- The Applicability of Form 14, Karnataka Factories Act
- Duties of The Employee (to Ensure Safety and Minimize Leaves) as Prescribed in The Karnataka Factories Rules, 1969
- Rules of Chapter VIII - Form 14, Karnataka Factories Act
- Employee Leaves with Wages - Form 14, Karnataka Factories Act
- Preparing and Maintaining the Form 14, Karnataka Factories Act
- Notification to the Inspector of Involuntary Unemployment
- Employee Notice to the Manager
- Appropriateness of Leave
- Payment of Salary in The Event of The Death of An Employee
- Sample of Form 14, Karnataka Factories Act
- Inclusions of Form 14, Karnataka Factories Act
- Other Compliances Besides Form 14, Karnataka Factories Act
- Key Takeaways
About the Form 14, Karnataka Factories Act
Form 14, Karnataka is an integrated compliance form as stated under the Karnataka Factories Rules,1969.
This form is to be filled out by the employer and should contain details about the specifics of leaves taken by each employee. It should contain relevant leave-related details like leave transactions, leave credit per employee, encashment of leaves for each financial year, etc.
The Karnataka Factories Rules,1969, is propagated by the state of Karnataka to ensure health, safety, good working conditions, equal and relevant pay, and social welfare of workers working in a factory.
The Applicability of Form 14, Karnataka Factories Act
The Form 14, Karnataka Factories Act Leave record for employees that employers should maintain in the following cases which are applicable to state or central government monitored factories in the state where:
- The factory employs 10 or more workers who work while using electricity
- The factory employs 20 or more workers who work without using electricity
- Fewer than 10 employees if the work is approved, registered, or reported by the state government
- Participation in production activities
Duties of The Employee (to Ensure Safety and Minimize Leaves) as Prescribed in The Karnataka Factories Rules, 1969
- Employees shall immediately report faulty protective devices or fences, and they must check their workplace, machines, equipment, or apparatus and immediately report any malfunction to the executive management officer under appendix A and B of the Act
- All employees must fully cooperate with management if there is any emergency work and must use the personal protective equipment provided to them with due care
- They should not smoke on the premises and should not remain in an unauthorized location or perform unauthorized work
- Employees should not take shortcuts or abuse any facilities provided under this scheme in such a way as to create risks to themselves and others in the service
- Workers must undergo the medical examinations provided for in this regulation
- Restrictions on the working of minors and women must be adhered to
Rules of Chapter VIII - Form 14, Karnataka Factories Act
Employee Leaves with Wages - Form 14, Karnataka Factories Act
Every employer must maintain a record in Form 14, Karnataka Factories Act, referred to as Wage Leave Record, which the Chief Inspector can inspect at any time. This should be maintained as part of the routine of the factory. This Form 14, Karnataka Factories Act record is also helpful in giving any feedback the Manager gives to any or all workers in the factory.
This is particularly helpful when a worker is dismissed.
By order in writing, the Inspector may consider all leaves with payroll so that salaries are easily predictable instead of leaves with accrued salaries.
The cash equivalent of the benefit resulting from the sale of foodstuffs and other items on preferential terms, payable to workers who go on leave, is the difference between the value of the average market prices at the highest close during the month immediately following that applicable before his leave and the value at the reduced rates to which he is entitled on the grains and other articles to which he is entitled.
For each cash value, the monthly average market price of grain and other items at the end of the month is calculated.
Preparing and Maintaining the Form 14, Karnataka Factories Act
The register of Form 14, Karnataka Factories Act, is kept for three years from the last entry and must be made available to the Inspector upon request. The employer must provide a Leave Book in Form 15 to each employee entitled to leave during a calendar year no later than January 31.
The leaves taken are noted in Form 14, Karnataka Factories Act, while Form 15 is to be filled and maintained by the employees. Here are some details:
- The Leave Book is the property of the employee, and the Manager or his representative can ask for it to enter the dates of leaves or business breaks, and must not keep it for more than one week at a time
- In the event of an employee who, during the year, is dismissed or removed from his post, the Manager must issue an extract from the "Register of Paid Leave" (Form 15) within one week of the date of dismissal or dismissal (Paragraph (3) of Article 79)
- In case of loss of the Leave book by an employee, the Manager will provide him with a new copy against payment of fifteen paise and will complete it from his file
If sick leave is taken by the employee and recorded under Form 14, Karnataka Factories Act, the leave is considered paid leave. The employer can demand a medical certificate authorized by an approved medical practitioner.
According to the provisions of paragraph (7) of Article 79, if requested by the Manager, the employee must provide a medical certificate signed by a registered doctor or by an Hakim registered or qualified, certifying the cause of the sick leave. It should also contain the period for which the employee was absent.
Notification to the Inspector of Involuntary Unemployment
The Manager must promptly notify the Inspector of any case of involuntary unemployment of workers, indicating the number of unemployed and its reason.
The same information should be maintained in Form 14, Karnataka Factories Act, and Form 15 Leave Book.
Employee Notice to the Manager
As specified by paragraph (8) of Section 79 of Form 14, Karnataka Factories Act, t is the employee's duty to notify the Administrator if he doesn't want to take the leave with pay payable in the following calendar year.
The Manager notes this in Form 14, Karnataka Factories Act, and the Leave book of the employee concerned.
In the first quarter of each financial year, the Manager must ensure that a notice is posted to the employees whose leaves have reached the maximum limit per paragraph (5) of Article 79.
The notice of termination states that no more leave can be transferred and that the request for leave must be submitted within one month from the termination date.
Each affected employee will receive a copy of the notice. A copy must also be given to the Office of the Inspector of Factories.
Appropriateness of Leave
As per the records to be maintained under Form 14, Karnataka Factories Act, members of the same family, consisting of husband, wife, and children, shall be granted leave at the same time.
An employee can also trade leave time with another employee, subject to the Manager's approval.
Payment of Salary in The Event of The Death of An Employee
In the event of the death of an employee before returning to work, the balance of his salary for the period of leave with unused salary is paid to his nominee or legal heir within one week of the announcement of the employee's death.
For this, each employee submits a nomination on Form 25, signed and testified by two witnesses. The nomination will remain in effect until canceled or modified by a new nomination.
- Registers of leave, and Form 14, Karnataka Factories Act to be kept in the event of an exemption under Article 84 (1)
- When an exemption is granted under Article 84, the Administrator shall keep a record of the leaves due, the leaves are taken, and the remuneration paid for each Leave to the employee as maintained in Form 14, Karnataka Factories Act
- He posts a notice at the main entrance to the factory detailing the system of paid holidays in place in the factory and sends a copy to the Inspector
- No change may be made to the regulations approved by the State Government when granting the exemption under Section 84 without its prior consent
Sample of Form 14, Karnataka Factories Act
Inclusions of Form 14, Karnataka Factories Act
Here are some key details that the employer must fill in Form 14, Karnataka:
- The employer must start by entering details about the factory, like the names of the factory, the department in which he is heading, license number, etc
- The employers must fill in particulars of workers in the serial number and mention if he is an adult or a child
- Details of the employee like his name, father’s name, date of entry into service, date of Discharge
- The amount of payment made in place of leave due must be updated
The Form 14, Karnataka Factories Act should have other details like:
- Number of days during the previous year
- No. of days’ work per-formed
- No. of days of lay-off
- No. of days of maternity leave
- No. of days of leave enjoyed
- Total number as per the above four options (1+2+3+4)
- Leave to Credit and Balance of Leave should be specified
- Leave earned during the previous year
- Total 6+7
- Whether leave by a scheme under section 79(8) was refused
- Leave enjoyed from. . . . . . to. . . . . .
- Balance of Leave at credit
- The normal rate of wages
- Cash equivalent of the advantage accruing through the concessional sale of Food-grains and other articles
- Rate of wages for the leave period (Total of columns 12 and 13)
- Date and reference to payment vide wages Register or voucher
- Remarks and Initials of Manager for each entry
The employer must maintain Form 14, Karnataka Factories Act allocating a separate page for each employee
Other Compliances Besides Form 14, Karnataka Factories Act
- Form 2 – The employer must fill in the application for registration and grant renewal of the license
- Form 9 – Just like the leave register, the employer needs to maintain the overtime Register for each employee
- Form 11 – A special register of Adult Workers should be maintained by the employer
- Form 15 – Just like Form 14, Karnataka Factories Act, wherein the employer maintains a record of leaves taken by each employee, this register of Leave with wages (Leave Book) is to be maintained by the employees.
- Form 16 - Health Register of each employee should be maintained by the employer
- Form 20 – The owner or the head employer must fill in the combined Annual Return
- Form 21 – Employer needs to fill the Half Yearly Return
- Form 22 - Muster Roll cum Register of Wages to be maintained by the employer and presented to the inspector whenever asked
- Form 23 - Register of Accident or Dangerous Occurrence to be maintained by the employer with details about the occurrence
The main objective of Form 14, Karnataka Factories Act is to regulate the paid leaves taken by an employee, which can be in the form of Privilege Leave (PL) / Earned Leave (EL) / Annual Leave (AL), Casual Leave (CL), Sick Leave (SL), Maternity Leave (ML), Marriage Leave, Paternity Leave, or Bereavement Leave.
The Karnataka Factories Act is all about monitoring and regulating the working conditions of employees and ensuring their safety and welfare. Form 14, Karnataka Factories Act is about maintaining a record of the annual leave taken by workers in factories and can be checked by the chief inspector at any point in time.
Non-adherence in maintaining the record can call for a penalty.
- Form 14, Karnataka Factories Act is an integral and substantial form that the employer should maintain
- The core objective is to understand the kind of paid leaves taken by each employee, the balance of leaves carried forwards, and the number of leaves that will be encashed for each worker
- It also aims to find a balance between productivity, success, and satisfaction
- The Karnataka Factories Act 1969 is formulated and amended by the State of Karnataka as per law wherein the Chief Inspector of Factories is appointed and authorized to maintain compliance and verify whether all forms and documents like Form 14, Karnataka Factories Act are maintained properly by the employers
- The Form 14, Karnataka Factories Act should be maintained and preserved for three years and should contain details regarding each employee separately on the record book
- The Form 14, Karnataka Factories Act kept by paragraph (a) must be made available to the inspector on request
- Any worker who has been transferred or terminated, or is not included in Form 14, Karnataka Factories Act, should be specified in the record and submitted to the inspector
- The paid leaves that are entitled to each worker could be of various kinds
- If the person takes a sick paid leave, they must submit an authorized letter from the doctor stating the reason and duration of the leave