good eveing every one. can an employee who is under probationary period avail CL or SL. regards
From India, Ranchi
From India, Ranchi
Hello,
It is almost a universal rule that an employee on probation cannot avail leave while on probation BUT there is no law that says prohibits leave to be availed by an employee while on probation. But probationers are not granted leave for the simple reason that their association with the organization is yet uncertain.
Further the law (Factories Act) requires an employee to earn leave by putting in a certain amount of days worked actually to be done during the year and the year is Jan-Dec for the purpose of leave under Factories Act. If the situation is covered under the Shops Act, the principle remains but the periodiciity is lesser. Here too the"earning" principle remains!
The thing to understand is that the law specifies "entitlement" and provides rules for "eligibility". While on probation an employee may be "eligible" (because there is no bar) but is yet, not entitled and therefore he is not sanctioned any leave as a matter of tight!
The right thing to do as HR,is to make a rule that even while on probation, leave may be granted (for satisfactory reasons, within norms of reasonableness) as LEAVE WOTHOUT PAY (but AUTHORISED) and when the employee has earned leave as per law/service conditions, to deduct entitlement by appropriate number of day and pay for the days deducted when the leave was actually availed. But it unfair to refuse to grant leave while on probation simply because he/she is on probation and to say that the rules do not permit. Even genuine reasons for the leave needed by the employee get neglected under a bureaucratice sweep and that does not fit into my concept of HR philosophy.
Your question could have been answered simply but I thought you should know the rationale that must be applied.
Cheers & Regards
samvedan
August 12, 2007
From India, Pune
315It is almost a universal rule that an employee on probation cannot avail leave while on probation BUT there is no law that says prohibits leave to be availed by an employee while on probation. But probationers are not granted leave for the simple reason that their association with the organization is yet uncertain.
Further the law (Factories Act) requires an employee to earn leave by putting in a certain amount of days worked actually to be done during the year and the year is Jan-Dec for the purpose of leave under Factories Act. If the situation is covered under the Shops Act, the principle remains but the periodiciity is lesser. Here too the"earning" principle remains!
The thing to understand is that the law specifies "entitlement" and provides rules for "eligibility". While on probation an employee may be "eligible" (because there is no bar) but is yet, not entitled and therefore he is not sanctioned any leave as a matter of tight!
The right thing to do as HR,is to make a rule that even while on probation, leave may be granted (for satisfactory reasons, within norms of reasonableness) as LEAVE WOTHOUT PAY (but AUTHORISED) and when the employee has earned leave as per law/service conditions, to deduct entitlement by appropriate number of day and pay for the days deducted when the leave was actually availed. But it unfair to refuse to grant leave while on probation simply because he/she is on probation and to say that the rules do not permit. Even genuine reasons for the leave needed by the employee get neglected under a bureaucratice sweep and that does not fit into my concept of HR philosophy.
Your question could have been answered simply but I thought you should know the rationale that must be applied.
Cheers & Regards
samvedan
August 12, 2007
From India, Pune
dear samvedan.. thank u.
i have one more doubt regarding the leave for probationers.
suppose mr.x is working under probation. he was on leave(LWP) on friday and saturday. he was on duty on monday. his no.of days in leave(LWP) is 2 or 3(including sunday).
please clarify.
regards.
From India, Ranchi
i have one more doubt regarding the leave for probationers.
suppose mr.x is working under probation. he was on leave(LWP) on friday and saturday. he was on duty on monday. his no.of days in leave(LWP) is 2 or 3(including sunday).
please clarify.
regards.
From India, Ranchi
Hello,
If the concerned person is a daily rated employee (i.e. he is not paid wage/salary for the weekly off day) then the weekly off day shall not be counted as leave. But if he is a monthly rated employee (i.e. he is paid for the weekly off day also) then even the weekly off shall be counted as day of leave.
However the leave rules of the organization will decide the issue and that is why every organization must have codified Leave Rules that take care the legal requirement and also provide for all contingencies. That is also why you must take the present reply with a pinch of salt, as it may have addressed the precise situation.
Okay?
Regards
samvedan
August 13, 2007, 2
From India, Pune
If the concerned person is a daily rated employee (i.e. he is not paid wage/salary for the weekly off day) then the weekly off day shall not be counted as leave. But if he is a monthly rated employee (i.e. he is paid for the weekly off day also) then even the weekly off shall be counted as day of leave.
However the leave rules of the organization will decide the issue and that is why every organization must have codified Leave Rules that take care the legal requirement and also provide for all contingencies. That is also why you must take the present reply with a pinch of salt, as it may have addressed the precise situation.
Okay?
Regards
samvedan
August 13, 2007, 2
From India, Pune
Hi,
Generally companies give CL and SL to employees on probation but not give EL(Earned Leave). Some Companies put a limit of say 5 days to CL and SL for employees on probation.
Some BPO companies prefer not to give any CL or SL to the employees.
I have worked on lot of policy manual and I don't agree with the fact that it is industry practice to not give CL and SL
Regards,
Niharica Singh
Consultant - HRC
Ma Foi Consulting Solutions Ltd.
From India, Bangalore
Generally companies give CL and SL to employees on probation but not give EL(Earned Leave). Some Companies put a limit of say 5 days to CL and SL for employees on probation.
Some BPO companies prefer not to give any CL or SL to the employees.
I have worked on lot of policy manual and I don't agree with the fact that it is industry practice to not give CL and SL
Regards,
Niharica Singh
Consultant - HRC
Ma Foi Consulting Solutions Ltd.
From India, Bangalore
Dear Friends,
I can accept Mr. Samvedan's comment on this. It is better to go for a 'Leave Rules' for the employees on rolls and also for probationers.
For hard and fast rules there is 'NO' leaves for 'PROBATIONERS' but the
management is willing to grant any leave in some exceptional cases.
According to the Factories Act, 1947, If any adult worker is completed
20 days of work contineously one EL will be credited in his account.
So, it is better to frame a 'Leave Rules' for your organisation.
Regard,
PBS KUMAR
From India, Kakinada
I can accept Mr. Samvedan's comment on this. It is better to go for a 'Leave Rules' for the employees on rolls and also for probationers.
For hard and fast rules there is 'NO' leaves for 'PROBATIONERS' but the
management is willing to grant any leave in some exceptional cases.
According to the Factories Act, 1947, If any adult worker is completed
20 days of work contineously one EL will be credited in his account.
So, it is better to frame a 'Leave Rules' for your organisation.
Regard,
PBS KUMAR
From India, Kakinada
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