Dear Seniors,

I work as an HR in a growing IT organization where the team is divided into Development, Testing, and Support. We do not have a paid leave policy structure. The company director has granted 5 days of work for the testing and development teams. For others, it's the 2nd and 4th Saturday working arrangement. If the testing and development team works on Saturdays, they get paid for the whole day; if they don't come on Saturdays, there are no salary deductions. However, others do not receive such benefits. Now, since others who are affected have raised this issue, we need to establish a department-wise leave policy.

As the HR of the company, I aim to provide equal benefits to all employees. Please help me in structuring a department-wise leave policy and suggest equal benefits for everyone.

Regards, Jagruti

From India, Mumbai
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Hi Jagruthi,

There should not be any differentiation in the leave policy. The same policy should be applicable to every employee. According to the Shops and Commercial Establishment Act, every employee is entitled to Earned Leave (EL) - that's 1 EL for every 20 days worked, and 10 Casual Leave (CL) per year. If any employee works on a holiday, they should be compensated. Otherwise, the Labour Department shall take action on the matter.

From India, Bangalore
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Hi Jagruti, I dont understand this policy. Why you bifurcate leave policy. I think rules must be same in one company. Otherwise it make worst impact.
From India, Pune
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Dear Jeevarathnam & Madhuri Thanks for your quick response. Please help me for framing the policy which will be best suitable for all. Regards, Jagruti
From India, Mumbai
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Hi, I think if your company starts a 5-day workweek for all, and if someone comes in on Saturday or Sunday for official work (with senior permission), then you can offer them a comp-off facility. When you are creating this policy, consider all viewpoints and prepare it carefully because it's a sensitive issue. Sometimes, people don't need money; they need time off.
From India, Pune
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Hi Jagruthi As suggested by Madhuri If anybody works on holiday comphensate on any other working day. 1 EL is applicable for every 20 days he/she works and even 10CL per year.
From India, Bangalore
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This suggestion was forwarded but not accepted, instead i was asked for departmentiwise leave policy. it so much unfair but i need to find a way out of it. Please help
From India, Mumbai
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Hi Jagruti, Then in such case you prepare leave policy for each department. Highlight benefit and loss of each department leave policy. Then try to come out. After all its company decision.....
From India, Pune
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Working days and hours should be equal for everyone. If you require the testing team to work on two Saturdays (if it is a 5-day working week), consider implementing benefits such as compensatory offs. This way, they will feel appreciated for their work on Saturdays while others utilize their weekly offs at home.

In different industries, roles receive benefits based on their work requirements. For example, salespeople often have flexible timings, numerous incentives, and perks due to the nature of their work that may involve odd hours. However, leave policies should be the same for all employees and should not vary based on departments.

To persuade your management, you can incorporate the aforementioned suggestions into the company policy.

Regards,
Saunee

From India, New Delhi
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Hello,

Every company must provide leave benefits to every employee because it is their right. According to me, 1.5 days off per month is appropriate as per industry standards for all departments.

Another important aspect is concerning Saturday leave policies. In most IT companies, they either offer Saturday-Sunday off or the alternative option is to alternate Saturdays. It is crucial that company policies are consistent across all departments. As an HR professional, it is our primary responsibility to ensure equal treatment for all employees.

I hope this information is helpful.

Sneha

From India, Pune
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Hi Jagruti,

Since the company has declared a 5-day workweek for all testing and other departments, it should be made applicable to all staff members. Depending on the number of people working on these days, a holiday/leave policy has to be drafted. The Shops and Establishments Act makes it clear that the working hours declared and submitted to the department must be uniform throughout the organization. If the number of people in the two shifts is clearly indicated, a draft policy could be created.

Thanks,
Raj

From India, Bangalore
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Hi Jagruti,

As per my experience in HR practice, a leave policy can be framed to be the same for every department and every employee who is on the payroll of the organization. It typically includes 10 CL for the year and 1 EL for each 20 days of working. Additionally, if any employee works on an off day or holiday due to an emergency, they are allowed to take leave as compensation. It is true that the leave policy, once set for any company, is applicable to each and every employee regardless of their level, grade, or department. I hope this information will help you when you prepare the leave policy.

Cheers,
Vivek Saxena
9953321392

From India, Haldwani
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Dear Madam,

As per the law, something not legal does not always become illegal. However, exceptions arise in between. If your management is prepared to face all the loss-benefits regarding the leave policy as directed by them, then you should not worry.

A few points to be considered:
1. Maintain a written record of discussions as much as possible.
2. Present the pros and cons of department-wise leave policy.
3. Have informal discussions with department heads to gather their opinions.
4. Minimize the differences between the standard policy and department-wise leave policy by utilizing various flexible conditions.

Advantages of following the above points:
1. The management will become more practical in its approach.
2. Employees can be convinced in a more effective manner.
3. Any issues can be resolved more easily.
4. You will have more confidence in policy implementation and control.

Best of luck.

From India, Delhi
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Hi Jagruti....... yes its challenger and that’s why we are appointed ..keep cool................ and chill............. vivek saxena 9953321392
From India, Haldwani
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Dear Jagruti,

As far as earned leave and CL are concerned, they should be provided according to the Shop and Establishment Act. For the Testing and Safety Department, they are eligible to avail weekly holidays, which is their right as well. If the Factories Act is not applicable, earned leave and casual leave should be provided.

I don't understand why there is such partiality and discrimination. Equal benefits should be provided. If the above department's employees are required to work on weekly holidays, they should be compensated with extra amounts or given compensatory-offs.

With regards,
V. Subbarao
9841103098


From India, Madras
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Dear Sir,

Leave policy cannot be department-wise. It will be uniform for everybody as far as possible. You are saying that one group is provided continuous holidays on SAT and SUN days. The other group is provided only 2nd and 4th week Saturdays as holidays. This can be done based on the requirement of their work or exigencies of work in such departments. We cannot say that it is not correct. It is right from the perspective of the employer. You may feel that it is wrong. But the final deciding authority is the employer. He is right - there is nothing wrong in it.

D. GURUMURTHY

LL. HR. IR. Consultant, Hyderabad.

From India, Hyderabad
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