A company (non manufacturing) has recently revised their leave policy. It has a 5 day working from Monday to Friday.
The new leave policy is as under:
1. If employees take leave on Monday or Friday, the preceding or succeeding Saturday and Sunday will be counted as leave.
2. No leave can be taken before or after a company declared holiday (e.g. Holi or Divali ) else the preceding or succeeding declared holidays will be treated as leave.
Questions to the experts are as under:
1. Is this legally enforceable?
2. What remedy is available to the employees of the firm other than resigning from the company?
From India, Mumbai
490The new leave policy is as under:
1. If employees take leave on Monday or Friday, the preceding or succeeding Saturday and Sunday will be counted as leave.
2. No leave can be taken before or after a company declared holiday (e.g. Holi or Divali ) else the preceding or succeeding declared holidays will be treated as leave.
Questions to the experts are as under:
1. Is this legally enforceable?
2. What remedy is available to the employees of the firm other than resigning from the company?
From India, Mumbai
Hi, Really absurd. Employees can approach Labour Inspector of their juridiction and register a complaint.
From India, Madras
From India, Madras
Dear Member,
The proposed leave policy has absolutely no legal sanction. However, did the employees check with the HR department to know under the provisions of which law the leave policy has been designed?
I recommend all employees come together and approach the authorities concerned to frame the policy that fits within the purview of the Factories Act or Shops and Establishment Act, as applicable to your company. If the authorities remain inclement then the employees are free to give collective representation to the labour office under whose jurisdiction the company falls in.
Thanks,
Dinesh Divekar
From India, Bangalore
The proposed leave policy has absolutely no legal sanction. However, did the employees check with the HR department to know under the provisions of which law the leave policy has been designed?
I recommend all employees come together and approach the authorities concerned to frame the policy that fits within the purview of the Factories Act or Shops and Establishment Act, as applicable to your company. If the authorities remain inclement then the employees are free to give collective representation to the labour office under whose jurisdiction the company falls in.
Thanks,
Dinesh Divekar
From India, Bangalore
Please clarify is this is an actual situation in YOUR organisation, or is it an assignment question for a college course.
From Australia, Melbourne
From Australia, Melbourne
It depends on the Company which system they follow. Some follow the salary including the eligible weekly off. Some follow the working days in a week, and others festival holidays approved by the company.
Many companies have a policy that remaining absent without prior notice or approval to avail the intervening holidays or pre and post days of a week end and week start.
This is a crucial subject and surely welfare of the employees is utmost priority. Leave your policy and rules aside.
Here there should be a Operations Head who is being consulted to implement this after consultation with employees. Because the pre-on and post-on weekend and festive could be allowed to an employee no of times in a year. Because you have to run the business at the same time staff welfare is also important.
I have seen a Bank Managers avail this kind of holidays most of the time and go to their native.
So don't think that HR is a make and break people.
You too are an employee so keep the relationship after getting opinion of the staff.
From Saudi Arabia
Many companies have a policy that remaining absent without prior notice or approval to avail the intervening holidays or pre and post days of a week end and week start.
This is a crucial subject and surely welfare of the employees is utmost priority. Leave your policy and rules aside.
Here there should be a Operations Head who is being consulted to implement this after consultation with employees. Because the pre-on and post-on weekend and festive could be allowed to an employee no of times in a year. Because you have to run the business at the same time staff welfare is also important.
I have seen a Bank Managers avail this kind of holidays most of the time and go to their native.
So don't think that HR is a make and break people.
You too are an employee so keep the relationship after getting opinion of the staff.
From Saudi Arabia
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Grant of Maternity Benefit Leave to Women Employees Engaged under Outsourcing Policy in Haryana.pdf
Leave Policy.doc