My Learned Friends,
In one of the leading and labour-intensive industries of Gujarat, there is a strong tradition to observe 20-21 days vacation during Diwali festivals. If the employer does not grant this leave, workers will proceed for this vacation even without permission or may prefer to leave the employer they are working for. Now, there is a conflict due to some objections raised in social audits that if such vacation is granted, employers must pay wages for the same whereas there is no provision for paying any wages for ILOP OR ULOP ( informed or unformed loss of pay leave).
As per system all workers apply for Diwali Vacation 3-4 months in advance in the form of common vacation request letter signed by all showing the readiness to avail the vacation leave without pay. Works committee of companies forward this request to managment as a channel of communication. Considering the said collective request, management grants the vacation for 3 weeks. Social auditors say that such approval is illegal.
Employers find themselves in a fix. If they do not grant leave, their factory can even shut down forever as workers do not agree. Some local workers, say 1 or 2 % of total strength may become ready to work but employers can not afford to run a whole factory with very few people who can be counted on finger tips. At the same time, employers can not even afford to pay wages for such voluntary leave.
When all workers apply for leave without pay vacation leave with their signatures and despite the reason of increasing production backlog, if employers suppose respect the sentiments of workers and decades old tradiiton of industry and grant such vacation, what is unlawful ?
Suitable advice from respected veterans of HR field is soilicited in order to satisfying the querry of social auditors.
JHS
From India, Surat
5In one of the leading and labour-intensive industries of Gujarat, there is a strong tradition to observe 20-21 days vacation during Diwali festivals. If the employer does not grant this leave, workers will proceed for this vacation even without permission or may prefer to leave the employer they are working for. Now, there is a conflict due to some objections raised in social audits that if such vacation is granted, employers must pay wages for the same whereas there is no provision for paying any wages for ILOP OR ULOP ( informed or unformed loss of pay leave).
As per system all workers apply for Diwali Vacation 3-4 months in advance in the form of common vacation request letter signed by all showing the readiness to avail the vacation leave without pay. Works committee of companies forward this request to managment as a channel of communication. Considering the said collective request, management grants the vacation for 3 weeks. Social auditors say that such approval is illegal.
Employers find themselves in a fix. If they do not grant leave, their factory can even shut down forever as workers do not agree. Some local workers, say 1 or 2 % of total strength may become ready to work but employers can not afford to run a whole factory with very few people who can be counted on finger tips. At the same time, employers can not even afford to pay wages for such voluntary leave.
When all workers apply for leave without pay vacation leave with their signatures and despite the reason of increasing production backlog, if employers suppose respect the sentiments of workers and decades old tradiiton of industry and grant such vacation, what is unlawful ?
Suitable advice from respected veterans of HR field is soilicited in order to satisfying the querry of social auditors.
JHS
From India, Surat
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