Saturday, January 30, 2016

7th Pay Commission Recommendations on Leave and Holidays

7th Pay Commission Recommendations on Leave and Holidays

Gazetted and Restricted Holidays : Besides the three National Holidays, employees are presently entitled to 14 Gazetted and 2 Restricted holidays every year. Out of the 14 Gazetted holidays, 11 are observed throughout India, while 3 are decided locally. For Restricted holidays, a list is drawn up at the local level taking local factors into consideration; employee is entitled to choose any two in a year out of that list. There are demands to include May Day and 14th April as compulsory holidays throughout India.

Suggestions have also been received to increase the number of locally decided Gazetted Holidays from 3 to 6.

Analysis and Recommendations : The Commission is of the view that the present system is working well. Accordingly, status quo is recommended.

7th CPC Leave Rules :  7th Pay Commission has recommended on Holidays and Leave for Central Government Employees and Offices…

Holidays and Leave : Presently Central Government offices observe a five-day week which results in 104 holidays every year on account of weekends. In addition, there are three National Holidays, fourteen Gazetted Holidays and two Restricted Holidays. Further, civilian government employees are entitled to 8 days’ Casual Leave, 20 days’ Half Pay Leave (commutable to Medical Leave) and 30 days’ Earned Leave. Besides the above, quite a few other types of leave are admissible.

The following paragraphs bring out, in alphabetical order, the different kinds of holidays and leave admissible, demands received (if any) and views of the Commission on each one of them. Unless otherwise stated, the existing terms and conditions regulating these holidays and leave shall remain unchanged.

Casual Leave (CL) : Casual Leave is granted to enable a government servant to attend to sudden/unforeseen needs/tasks. Presently 8 days CL is normally granted to a Central Government employee per calendar year. The number goes up to 10 days for Industrial Workers, 20 days for Defence
Officers and 30 days for Defence PBORs. Certain other categories of staff, particularly in the Railways, are granted CL ranging from 11 to 13 days in a year. Demands have been made to increase the number of CL to 15 days for Industrial Workers and 12 days for other employees. CAPFs have also sought parity with defence forces in matters of Casual Leave.

Analysis and Recommendations : Regarding the number of Casual Leave, the Commission is of the view that the present system is working well and need not be altered. As far as the case of CAPFs for parity with defence forces is concerned, the Commission notes that CAPFs are essentially civilian forces and their service conditions are different from defence forces. Hence parity in terms of number of casual leave cannot be considered. To sum up, status quo is recommended.

Child Adoption Leave : This leave is granted to female employees, with fewer than two surviving children on valid adoption of a child below the age of one year, for a period of 135 days immediately after the date of valid adoption.

Analysis and Recommendations : No demands have been received regarding this leave. Accordingly, status quo may be maintained.

Child Care Leave (CCL) : Child Care Leave (CCL) is granted to women employees for a maximum period of two years (i.e., 730 days) during their entire service for taking care of their minor children (up to eighteen years of age). There are several demands relating to CCL which include converting the same into “family care” leave, extending the facility to male parents and many representations stressing that it should be extended at least to single male parents. Suggestions have also been received that in cases where the child is differently abled, the clause stipulating that the child should be minor, should be done away with. Single mothers have highlighted their unique problems and requested the Commission for liberalising the grant of CCL. Interestingly, representations have also been made for discontinuance of the CCL, primarily on the grounds that it disrupts office working and also because it promotes gender discrimination.

Analysis and Recommendations : When CCL was first introduced by the VI CPC it generated considerable interest as it represented a positive measure benefiting women employees. It also took a while to stabilise and it is seen that as many as five amendments/clarifications were issued within a short period of time. As it stands, it is meant for women employees “for taking care of up to two children whether for rearing the children or looking after their needs like examination, sickness etc.” It is treated akin to Earned Leave and is sanctioned as such. It may not, however, be granted in more than three spells in a calendar year.

In the first two years of its implementation the experience was that women employees tended to treat this as Casual Leave or an extension of the same, and the resultant frequent absences caused disruptions at work. To address this, in September 2010, a clarification was issued stipulating that CCL may not be granted in more than three spells in a calendar year and also that it may not be granted for less than 15 days at a time. However, the latter stipulation was subsequently withdrawn and as per the latest clarification issued on 5 June, 2014 the government has decided to remove the requirement of minimum period of 15 days CCL. It has been brought to the notice of the Commission that the capping of maximum three spells in a
calendar year has, to some extent, addressed the problems relating to disruption of work.

Notwithstanding that, in the course of discussions with various stakeholders, the sense that has come across is that what was introduced as a welfare measure to help employees in times of need, is seen as a benefit that has to be availed simply because it exists. There is, therefore, a palpable need to bring in some inhibiting feature so as to ensure that only genuinely affected employees avail of this scheme. Towards this end the Commission recommends that CCL should be granted at 100 percent of the salary for the first 365 days, but at 80 percent of the salary for the next 365 days. In making this recommendation the Commission has also kept in mind the fact the concept of a paid (whether 100% or 80%) leave solely for child care for a period of two years, is a liberal measure unmatched anywhere else.

The Commission notes that in the event a male employee is single, the onus of rearing and nurturing the children falls squarely on his shoulders. Hence extension of CCL to single male parents is recommended. Moreover, the Commission recognizes the additional responsibility on the shoulders of employees who are single mothers. Accordingly, it is recommended that for such employees, the conditionality of three spells in a calendar year should be relaxed to six spells in a calendar year.

Commuted Leave : Presently, Commuted Leave not exceeding half the amount of half-pay leave due can be taken on medical certificate. A demands have been made to do away with the need for medical certificate.

Analysis and RecommendationsThe Commission does not find merit in the demand. Status Quo is recommended.

Earned Leave (EL) or Leave on Average Pay (LAP) : Presently 30 days EL per annum is granted to Civilian employees and 60 days to Defence

personnel. EL can be accumulated up to 300 days in addition to the number of days for which encashment has been allowed along with LTC. Suggestions have been made to increase the accumulation to 450 days, allow encashment of 50 percent of the accumulated EL after 20 years of service and delink encashment of leave from LTC. A novel concept of “gifting” has been put forward, wherein employee should be allowed to ‘gift’ certain number of days of leave to one’s spouse or one’s colleague. “Vacational” staff like teachers, principals, etc. have demanded restoration of 10 days EL, which was changed to 20 days Half Pay Leave by VI CPC.

Analysis and Recommendations : In many organizations, employees are encouraged to take leave on the premise that it revitalizes them and is beneficial for the organization in the long run. Such a system is not prevalent in the government sector in India, but substituting leave with cash is also not desirable. Hence, no change in encashment guidelines is recommended.

The Commission recognizes that Earned Leave is, as the name suggests, earned by an employee through the services rendered. Hence, it is personal to the employee and the concept of “gifting” cannot be considered. The demand of “Vacational” staff can, however, be agreed to. Hence, it is recommended that “Vacational” staff be granted 10 days EL in place of 20 days Half Pay Leave. Other than this no other change is recommended.

Extra Ordinary Leave (EOL) : EOL is granted to a government servant when no other leave is admissible or when other leave is admissible, but the government servant applies in writing for extraordinary leave. This leave is neither debited to leave account nor is any leave salary paid. No demands have been received regarding this leave. Accordingly, status quo may be maintained.

Furlough Leave : This leave is admissible only to defence officers for up to 60 days. It can be availed at half pay, once in a cycle of three calendar years. No demands have been received regarding this leave. However, the Commission is of the view that Furlough Leave is a legacy of the pre Independence era. Since defence officers are already entitled to double the Earned Leave and more than double the Casual Leave available to civilian employees, there is no justification for continuation of Furlough Leave. Hence, it is recommended that Furlough Leave be abolished.

Half Pay Leave (HPL) or Leave on Half Average Pay (LHAP) : Presently, government employees are entitled to 20 days of Half Pay Leave for each completed year of service, credited @10 days on the 1st of January and 1st of July every year. There are representations that encashment of HPL should be allowed at the time of superannuation.

Analysis and Recommendations : The demands lack merit. Elsewhere in the report it has been recommended that 20 days HPL granted to “Vacational” staff be converted into 10 days EL. Hence, HPL will henceforth not be available to them. No change other than this is recommended.

Hospital Leave : This leave is granted to Group `C’ Railway employees if they are suffering from illness or injuries directly due to risks incurred in the course of official duties, on production of medical certificate. Full pay is admissible for first 120 days and half pay thereafter. The leave may be combined with any other kind of leave due and admissible, provided total period of leave does not exceed 28 months. Demands have been received to increase this leave to an unlimited period of time as applicable to PBORs of defence forces.

Analysis and Recommendations : This has been discussed under Special Disability Leave

Leave Not Due (LND) : LND is granted when the employee has no half-pay leave at credit and he/she requests for the grant of Leave Not Due. It is granted only on medical certification, if the leave sanctioning authority is satisfied that there is a reasonable prospect of the employee returning to duty on its expiry. LND during the entire service is limited to a maximum of 360 days and will be debited against the half-pay leave that the employee may earn subsequently. No demands have been received regarding this leave. Accordingly, status quo may be maintained.

Maternity Leave : Maternity leave is granted to women government employees–up to 180 days for pregnancy and 45 days in the entire service for miscarriage/abortion. Maternity leave can be combined with any other leave upto two years without medical certificate. The Commission has received representations for enhancement of Maternity leave to 240 days with full pay and further 120 days with half pay.

Analysis and Recommendations : It is noted that Maternity Leave was raised from 135 days to 180 days and ‘period in continuation’ raised from 1 year to 2 years by the VI CPC. No further increase is warranted. Status quo is recommended.

Paternity Leave : Presently, a male employee with less than two surviving children may be granted Paternity Leave for a period of 15 days during the confinement of his wife, up to 15 days before or six months from the date of delivery of child. Paternity leave may also be granted to a government servant with less than two surviving children on valid adoption of a child below the age of one year, within a period of 6 months from the date of valid adoption. There are demands to increase the period to 30 days.

Analysis and RecommendationsPresent dispensation of 15 days is adequate. Status quo may be maintained.

Sick Leave : This leave is admissible to defence personnel only on account of sickness attributable/ aggravated due to service conditions. Full pay is granted for the entire duration of hospitalization. Beyond that, defence officers are allowed Sick Leave with full pay and allowances for first six months and fully pay only for next 18-24 months, while there is no such  limit for PBORs. There are demands from CAPFs for complete parity with defence forces in respect of provisions of Sick Leave.

Analysis and Recommendations : Discussed under Special Disability Leave.

Special Casual Leave (SCL) : SCL is granted to employees to cover their absence from duty for various occasions like sports events, cultural activities, participation in Republic Day Parade, voluntary blood donation, Trade Union meetings, etc. Full pay is granted during SCL and it can be sanctioned with retrospective effect also. There are demands to extend SCL to organ donors till the time they are fit to resume duty.

Analysis and Recommendations : The Commission would like to express its concern at the widespread use of SCL as a means of getting away from duty. However, because of the extensive scope and case specific nature of this leave, no concrete recommendations can be made. The government may, however, consider the following suggestions:

1. Review the purposes for which SCL is presently granted.
2. Limit the number of purposes for which an employee can be granted SCL in a year.
3. Limit the total number of days that an employee can be granted SCL in a year.

Special Disability Leave : It is admissible to civilian employees when disabled by injury intentionally or accidentally inflicted or caused by or in consequence of the due performance of official duties or in consequence of official position held. Full pay is admissible for the first 120 days and half pay thereafter. The leave may be combined with any other kind of leave due and admissible, provided the total period of leave does not exceed 24 months. There are demands to remove the ceiling limit of 24 months–the duration of leave may be left to the discretion of doctor and full pay paid for the entire period.

Analysis and Recommendations :  There are three different kinds of leave admissible to civilian/defence employees which are granted for work related illness/injuries–Hospital Leave, Special Disability Leave and Sick Leave. It is an established worldwide practice that employees who suffer illness/injuries that are attributable to/aggravated in the course of their duty need to be adequately compensated. However, due to the inherent difference between the nature of duties of civilians and uniformed forces, a distinction needs be made in the level of compensation provided. Having said that, there is some similarity in the risks faced by different uniformed forces, and consequently parity amongst them may be considered as far as this leave is concerned.

The following is, therefore, recommended:
1. Hospital Leave, Special Disability Leave and Sick Leave should be subsumed in a new Leave named Work Related Illness and Injury Leave (WRIIL).
2. Full pay and allowances will be granted to all employees during the entire period of hospitalization on account of WRIIL.
3. Beyond hospitalization, WRIIL will be governed as follows:
a. For Civilian employees, RPF employees and personnel of Police Forces of Union Territories: Full pay and allowances for the 6 months immediately following hospitalization and Half Pay only for 12 months beyond that. The Half Pay period may be commuted to full pay with corresponding number of days of Half Pay Leave debited from the employee’s leave account.

b. For Officers of Defence, CAPFs, Indian Coast Guard: Full pay and allowances for the 6 months immediately following hospitalization, for the next 24 months, full pay only.

c. For PBORs of Defence, CAPFs, Indian Coast Guard: Full pay and allowances, with no limit regarding period.

4. In the case of persons to whom the Workmen’s Compensation Act, 1923 applies, the amount of leave salary payable under WRIIL shall be reduced by the amount of compensation payable under the Act.
5. No Earned Leave or Half Pay Leave will be credited during the period that employee is on WRIIL.

Study Leave : Presently, Study Leave may be granted to all government employees with not less than five years’ service for undergoing a special course consisting of higher studies or specialized training in a professional or technical subject having a direct and close connection with the sphere of his duties as a civil servant. It is limited to 24 months, except for CHS officers who are allowed 36 months. No demands have been received regarding this leave. Accordingly, status quo may be maintained.

7th CPC recommendations on Gazetted and Restricted Holidays – Dopt expects comments from NC JCM Staff Side

7th CPC recommendations on Gazetted and Restricted Holidays – Dopt expects comments from NC JCM Staff Side
F. No.12/23/2015-JCA-2
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment (JCA – 2) Section
North Block, New Delhi,
Date January 22, 2016

Shri Shiv Gopal Mishra
Secretary
National Council (Staff Side)
Joint Consultative Machinery for Central
Government Employees
13-C, Ferozshah Road, New Delhi 110 001

Subject: Recommendations of the Seventh Pay Commission – Comments – regarding

Sir
Please find attached the extracts of para-9.2.19 on the above Report on ‘Gazetted and Restricted Holidays. The Commission has expressed opinion that the present system is working well and has recommended status-quo.

2. It is requested that your comments in this matter may please be provided to this Department, preferably, by 05.02.2016, so that a view can be taken.

Yours faithfully
sd/-
(G.Srinivasan)
Deputy Secretary to Government of India

Expected DA on Jan 2016 - AICPIN for December 2015

Expected DA on Jan 2016 - AICPIN for December 2015

expected-DA-jan-2016-AICPIN-Dec-2015
No.5/1/2015- CPI
GOVERNMENT OF INDIA
MINISTRY OF LABOUR & EMPLOYMENT
LABOUR BUREAU
`CLEREMONT’, SHIMLA-171004
DATED: 29th January, 2016
Press Release

Consumer Price Index for Industrial Workers (CPI-IW) – December, 2015

The All-India CPI-IW for December, 2015 decreased by I point and pegged at 269 (two hundred and sixty nine). On 1-month percentage change, it decreased by (-) 0.37 per cent between November and December, 2015 which was static between the same two months a year ago.

The maximum downward pressure to the change in current index came from Food group contributing (-) 1.36 percentage points to the total change. At item level, Arhar Dal, Masur Dal, Moong Dal, Onion, Potato, Tomato, Peas and other Green Vegetables & Fruit items, Petrol, etc. are responsible for the fall in index. However, this decrease was checked by Rice, Wheat, Wheat Atta, Fish Fresh, Eggs (Hen), Poultry (Chicken), Goat Meat, Milk (Buffalo), ESI Contribution, Rail Fare, Barber Charges, Flower/Flower Garlands, etc., putting downward pressure on the index.
The year-on-year inflation measured by monthly CPI-IW stood at 6.32 per cent for December, 2015 as compared to 6.72 per cent for the previous month and 5.86 per cent during the corresponding month of the previous year. Similarly, the Food inflation stood at 7.94 per cent against 7.86 per cent of the previous month and 5.73 per cent during the corresponding month of the previous year.

At centre level, Ludhiana reported the maximum decrease of 7 points followed by Ahmedabad and Rourkela (6 points each), Tripura, Varanasi, Lucknow and Kodarma (5points each). Among others, 4 points decrease was observed in 9 centres, 3 points in 4 centres, 2 points in 11 centres and 1 point in 12 centres. On the contrary, Quilon recorded a highest increase of 7 points followed by Warangal (4 points), and Rangapara-Tezpur, Chhindwara and Mundakkayam (3 points each). Among others, 2 points increase was observed in 5 centres and 1 point in 9 centres. Rest of the 16 centres’ indices remained stationary.

The indices of 37 centres are above All-India Index and other 40 centres’ indices are below national average. The index of Jabalpur centre remained at par with All-India Index.

The next issue of CPI-IW for the month of January, 2016 will be released on Monday, 29th February, 2016. The same will also be available on the office website www.labourbureaunew.gov.in.
sd/-
(SHYAM SINGH NEGI)
DEPUTY DIRECTOR GENERAL

Authority: www.labourbureau.nic.in

Implementation of 7th CPC – Meeting of Nodal officers of various Departments on 2.2.2016

Implementation of the recommendations of the 7th CPC – Meeting of Nodal officers of various Departments will be held on 2.2.2016

Meeting of Nodal officers of various Departments – implementation of the recommendations of the 7th CPC – Issues on way ahead

F.No.1-1/2016- IC
Government of India
Ministry of Finance
Department of Expenditure
New Delhi, 29.1.2016
Meeting Notice

Subject : Meeting of Nodal officers of various Departments – implementation of the recommendations of the 7th CPC – Issues on way ahead.

In order to process the recommendations of the 7th Central Pay Commission, the Cabinet has approved setting up of an Empowered Committee of Secretaries chaired by the Cabinet Secretary. Accordingly, the ECOS has been set up as per this Ministry’s OM No.1-4/2015/EIII-A dt. 27.1.2016 (copy placed on the website of this Ministry, viz, www.finmin.nic.in).

2. As provided in the said OM dt. 27.1.2016, the Implementation Cell created in this Ministry shall work as the Secretariat for the ECOS.

3. This Ministry has already requested all the Ministries/Departments vide DO letter No.1-4/2015/EIII.A dt. 21.11.2015 from JS(Pers) addressed to all the Secretaries to nominate a nodal officer at the level of a Joint Secretary to interact with the Implementation Cell during the curse of processing of the recommendations of the 7th CPC.

4. Accordingly, Joint Secretary (Implementation Cell) shall take a meeting of all the Nodal Officers of the Ministries/Departments on 2.2.2016 at 11 .00 a.m. in Conference Hall (R. No. 72), North Block, New Delhi to discuss the relevant issues in connection with the processing of the recommendations of the 7th CPC and to concretise the points of action pertaining to all the Ministries/Departments in general and also in regard to specific issues concerning individual Ministries/Departments with a view to enabling an effective, holistic and quicker processing of the recommendations of the 7th CPC and for submission of the matter before the ECOS.

5. As this is the first meeting of the Nodal Officers to formulate the action points on the way ahead on processing of the recommendations of the 7th CPC, it is requested that the concerned nodal officers may kindly make it
convenient to attend the meeting.
sd-
(Amar Nath Singh)
Deputy Secretary to the Government of India
To
All the nodal officers of Ministries/Departments, as per list attached.

Authority: www.finmin.nic.in

Finmin issued instructions on processing foreign visits of officers for approval of Screening Committee of Secretaries

Instructions for processing foreign visits of officers of the Government of India for approval of Screening Committee of Secretaries (SCoS)

Clarification on revised comprehensive guidelines/instructions on foreign visit by officers of Government of India

No. 4(4)/E.Coord/2015
Government of India
Ministry of Finance
Department of Expenditure
North Block, New Delhi.
Dated 25th January, 2016.
OFFICE MEMORANDUM

Subject: Instructions for processing foreign visits of officers of the Government of India for approval of Screening Committee of Secretaries (SCoS).

This Department has been receiving references seeking clarification on certain issues with reference to this Department’s OM of even number dated 05-01-2016 on the above subject. Accordingly the following clarification is issued
a) Approval of SCoS is not required in case of foreign visits of upto Joint Secretary level officers as part of foreign training component, Mid-Career Training Programme (MCTP) or any other training, irrespective of number of members and days”.

b) The provision of seeking approval of Cabinet Secretary for condoning delay in submission of proposals sent less than 15 days before the date of departure of delegation has been done away with.

c) Calculation of number of foreign visits in respect of any officer will be with reference to calendar year.
(N. Radhakrishnan)
Director (E. Coord)
Source: www.finmin.nic.in

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