When we started the co. in 2020 we had branches in Chennai & Hyderabad. Hence candidates were hired from chennai & Hyd resp.Hyderabad although was the main development center. Due to pandemic, employees were given WFH option in 2020- 2022.
In between this period we closed down our chennai office and kept running the hyd center. In 2023, we decided to ask employees of hyderabad to come to office whereas the chennai employees continued to work from home.
My question is with regard to our leave policy. Currently there is not much work, but the Hyd employees are asked to come to office and have no WFH option. If they take off they get noticed and their leaves get consumed when they apply for leave in our HRMS. Whereas the chennai employees hardly apply for any leave and always seem available if called. There is no way of knowing if they are at home or elsewhere as a) there is not much work & b) they have emails & Microsoft Teams on their mobiles. so can be accessed from anywhere.
We have 12 PL's, 6 Casual & 6 Sick leaves in a year ( monthly 1PL, 0.5 CL & 0.5SL gets credited). The PL's get accumulated and maximum of 30 leaves get carried forward to next year and can be encashed while leaving the org. All the chennai employees have over the years accumulated 30+ leaves so far, whereas the hyderabad employees seem to be using their leaves.
My question here is a) Are we being unfair to Hyderabad employees?
b) If we change the policy for the next year saying- "Accumulation of only 15 leaves can be carried forward & the rest to be utilized by December or will get lapsed"- is it totatlly unfair to chennai employees who have accumulated these leaves?
c) what would be the best way to approach this if not bring a change in policy?
From India, Hyderabad
In between this period we closed down our chennai office and kept running the hyd center. In 2023, we decided to ask employees of hyderabad to come to office whereas the chennai employees continued to work from home.
My question is with regard to our leave policy. Currently there is not much work, but the Hyd employees are asked to come to office and have no WFH option. If they take off they get noticed and their leaves get consumed when they apply for leave in our HRMS. Whereas the chennai employees hardly apply for any leave and always seem available if called. There is no way of knowing if they are at home or elsewhere as a) there is not much work & b) they have emails & Microsoft Teams on their mobiles. so can be accessed from anywhere.
We have 12 PL's, 6 Casual & 6 Sick leaves in a year ( monthly 1PL, 0.5 CL & 0.5SL gets credited). The PL's get accumulated and maximum of 30 leaves get carried forward to next year and can be encashed while leaving the org. All the chennai employees have over the years accumulated 30+ leaves so far, whereas the hyderabad employees seem to be using their leaves.
My question here is a) Are we being unfair to Hyderabad employees?
b) If we change the policy for the next year saying- "Accumulation of only 15 leaves can be carried forward & the rest to be utilized by December or will get lapsed"- is it totatlly unfair to chennai employees who have accumulated these leaves?
c) what would be the best way to approach this if not bring a change in policy?
From India, Hyderabad
First of all let me say that the leaves that you credit to your employees is not as per the law in force. As per Tamil Nadu Shops and Commercial Establishments Act, you are expected to give 12 days' casual leave 12 days' sick leave and 12 days' earned leave. Earned leave shall is credited once an employee completes 12 months' service with the company. This can be accumulated upto 45 days.
There cannot be lesser number of leaves to employees who work from home. You cannot decrease the number of leave which can be accumulated or carried forward. This is against the law and can be challenged. If you feel that those who work from their homes misuse the leaves and being available online/ at work, they do their personal work, the only option available is calling them back to office. Calling them to work from office would incur some overhead expenses. If you think that that is a material figure, let the employees work from home but you should trust them. And if you want that there should be parity with Hyderabad employees, you should compromise on the cost side.
From India, Kannur
4239There cannot be lesser number of leaves to employees who work from home. You cannot decrease the number of leave which can be accumulated or carried forward. This is against the law and can be challenged. If you feel that those who work from their homes misuse the leaves and being available online/ at work, they do their personal work, the only option available is calling them back to office. Calling them to work from office would incur some overhead expenses. If you think that that is a material figure, let the employees work from home but you should trust them. And if you want that there should be parity with Hyderabad employees, you should compromise on the cost side.
From India, Kannur
Thank you for responding Mr.Madhu. I understand that somewhere we will need to compromise. Coming to the no. of leaves in a year with regard to CL & SL would you be able to tell me what the Telangana law says? Asking because I know of some companies who have the same arrangement as ours or have clubbed CL & SL to 15 days + earned leaves of 15 days.
From India, Hyderabad
From India, Hyderabad
The leaves admissible to employees in IT companies are governed by section 30 of the Telangana Shops and Commercial Establishments Act, 1988. Accordingly there are 15 days' earned leave for every employee who has completed 240 days in the 12 months period. Similarly the number of CL is 12 days and the number of sick leave is 12 days. The earned leave under telangana Act can be accumulated upto 60 days. Though there are some restrictions regarding the number of times an employee can avail the earned leave and an employee cannot avail such earned leaves for more than three times in a year (of 12 months) there is a provision of encashment of 8 leave while in service.
In addition to the earned leave, CL and SL above referred, an employee who has completed two years with the same employer shall be entitled to six days' special leave for vasectomy or tubectomy operation. Of course, this will be a one time leave.
The leave rules for IT and other establishments not being a factory, mine or plantation being part of the state's Act on shops and commercial establishments, it will be different for each state. When your employees in Tamil Nadu can follow Tamil Nadu rules for various leaves, your Telangana employees shall follow the Telangana rules. This cannot be taken as unfair. In the same way there are holidays separate for each state. When you have nine holidays in Telangana the number is same for employees in Tamilnadu. But the number of festival holidays which the employees and employer can decide in Tamil Nadu is five the same in Telangana is four because in telangana November 1st is a mandatory holiday on account of state formation day. That does not make the leave and holidays policy unfair anyway.
If you feel that your establishment should be legally complaint you should change your leave policy and follow the Act ( Telangana Shops and Commercial Establishments Act 1988)
From India, Kannur
In addition to the earned leave, CL and SL above referred, an employee who has completed two years with the same employer shall be entitled to six days' special leave for vasectomy or tubectomy operation. Of course, this will be a one time leave.
The leave rules for IT and other establishments not being a factory, mine or plantation being part of the state's Act on shops and commercial establishments, it will be different for each state. When your employees in Tamil Nadu can follow Tamil Nadu rules for various leaves, your Telangana employees shall follow the Telangana rules. This cannot be taken as unfair. In the same way there are holidays separate for each state. When you have nine holidays in Telangana the number is same for employees in Tamilnadu. But the number of festival holidays which the employees and employer can decide in Tamil Nadu is five the same in Telangana is four because in telangana November 1st is a mandatory holiday on account of state formation day. That does not make the leave and holidays policy unfair anyway.
If you feel that your establishment should be legally complaint you should change your leave policy and follow the Act ( Telangana Shops and Commercial Establishments Act 1988)
From India, Kannur
Thank you for responding Mr.Madhu. I understand that somewhere we will need to compromise. Coming to the no. of leaves in a year with regard to CL & SL would you be able to tell me what the Telangana law says? Asking because I know of some companies who have the same arrangement as ours or have clubbed CL & SL to 15 days + earned leaves of 15 days.
From India, Hyderabad
From India, Hyderabad
I believe I have given the reply and you have just pasted the same question copied from your previous post. Please check.
From India, Kannur
From India, Kannur
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