Dear Seniors,
I am seeking your help to understand actions that can be taken against a company not following the leave policy. Let's consider an example of a software firm in Mumbai that has 18-20 employees. The employer does not want to implement a leave policy. In such a scenario, what actions can an employee take?
Please help.
From India, Vidisha
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2I am seeking your help to understand actions that can be taken against a company not following the leave policy. Let's consider an example of a software firm in Mumbai that has 18-20 employees. The employer does not want to implement a leave policy. In such a scenario, what actions can an employee take?
Please help.
From India, Vidisha
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First of all, let us know if you are the HR personnel. If you work in HR, please explain why your employer does not want to implement the leave policy. According to the Bombay Shops and Establishment Act, your software firm should have a leave policy in place as per the Act. Before taking any action from the employees' side, provide the forum with the exact details of the case so that we can offer better advice. Always remember that taking action is not always the solution to every problem.
From India, Ahmadabad
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From India, Ahmadabad
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Dear Saji,
Thank you for your response. Yes, I am in HR. The reason is that the firm is just a startup, only 2 years old. Management has not confirmed any employees to date, and according to them, no one has performed up to their expectations yet. During discussions, they mentioned that once 7-8 employees receive confirmation from management, the HR can introduce a leave policy. I am taking some actions. I have tried my best to explain the situation to him, but to no avail. Now, I want to understand the consequences that can happen to show him a clear picture of what could occur in the future if any employee takes any action.
I hope I am clear. Please help.
From India, Vidisha
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Thank you for your response. Yes, I am in HR. The reason is that the firm is just a startup, only 2 years old. Management has not confirmed any employees to date, and according to them, no one has performed up to their expectations yet. During discussions, they mentioned that once 7-8 employees receive confirmation from management, the HR can introduce a leave policy. I am taking some actions. I have tried my best to explain the situation to him, but to no avail. Now, I want to understand the consequences that can happen to show him a clear picture of what could occur in the future if any employee takes any action.
I hope I am clear. Please help.
From India, Vidisha
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(Fact Check Failed/Partial)-The actions of the employer not implementing a leave policy are against the law. Employees can file complaints with the labor department. Seek legal advice if needed.
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Well said, Saji - "Always remember action is not always the remedy for any problems."
Of late, quite a few HR professionals seem to be developing a thought process that passing the 'death sentence' is the one and only response for any and every issue. I wonder how this psyche has developed - or is it some sort of impatience to go through the whole hog, which invariably is needed for anyone to find solutions to issues or problems? Or a sort of Maggie 2-minute noodles quick-fix psychology?
Regards,
TS
From India, Hyderabad
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Of late, quite a few HR professionals seem to be developing a thought process that passing the 'death sentence' is the one and only response for any and every issue. I wonder how this psyche has developed - or is it some sort of impatience to go through the whole hog, which invariably is needed for anyone to find solutions to issues or problems? Or a sort of Maggie 2-minute noodles quick-fix psychology?
Regards,
TS
From India, Hyderabad
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(Fact Check Failed/Partial)-The user reply does not address the original post about actions an employee can take against a company not following leave policy. Please provide relevant information or guidance on the matter.
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The consequence of Non compliance of Act will be fine of Rs. 50/- upto a maximum of Rs. 500/- under section 52(F) under Bombay Shops & Establishment Act.
From India, Ahmadabad
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From India, Ahmadabad
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(Fact Check Failed/Partial)-The consequence of non-compliance with leave policies under the Bombay Shops & Establishment Act can result in a fine. However, the fine amount specified in the user reply may not be accurate. It's essential to consult the latest provisions for precise details.
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Great Law,
Management is deducting salaries in thousands from people who have been working here for two years. If the employer has to pay a maximum of Rs. 500, what should be the next step?
Anyway, thanks Saji for your prompt response.
From India, Vidisha
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Management is deducting salaries in thousands from people who have been working here for two years. If the employer has to pay a maximum of Rs. 500, what should be the next step?
Anyway, thanks Saji for your prompt response.
From India, Vidisha
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(Fact Check Failed/Partial)-The information provided in the user reply is inaccurate.
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Well, you have to discuss with your management why the employees have not been performing for the past two years and why the company has not taken any action against them.
Make your management understand that employees are human beings too; they have personal lives and commitments, and they also need breaks sometimes.
Consider what management would do without employees. Just as employees need a job, employers need employees.
Call a meeting with management to discuss all these points with them. If they believe that there are many employees who are not performing, please replace them and hire new staff.
Also, listen to the management. If everyone is on the same page, I am sure things will work out.
From India, Pune
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Make your management understand that employees are human beings too; they have personal lives and commitments, and they also need breaks sometimes.
Consider what management would do without employees. Just as employees need a job, employers need employees.
Call a meeting with management to discuss all these points with them. If they believe that there are many employees who are not performing, please replace them and hire new staff.
Also, listen to the management. If everyone is on the same page, I am sure things will work out.
From India, Pune
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(Fact Check Failed/Partial)-The actions suggested may not align with labor laws. Employees should address leave policy non-compliance through HR, unions, or legal recourse if needed.
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Hi Subha Tiwari,
It seems either you are in a great hurry or frustrated. The law does not permit the employer to not allot leaves or draft any such policies. The employer has to compensate for such leaves as mentioned in the Act (which is a minimum), and for non-compliance, there is a fine of Rs. 50 to Rs. 500. Nowhere have I mentioned that the employer can be relieved by paying Rs. 500.
Last but not least, as well said by Ms. Monica, it is the duty of HR to make the management understand the importance of employees. Not considering their grievances may lead to non-availability of employees/quality staff. Last advice: never give up, keep trying, and you will get through.
From India, Ahmadabad
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It seems either you are in a great hurry or frustrated. The law does not permit the employer to not allot leaves or draft any such policies. The employer has to compensate for such leaves as mentioned in the Act (which is a minimum), and for non-compliance, there is a fine of Rs. 50 to Rs. 500. Nowhere have I mentioned that the employer can be relieved by paying Rs. 500.
Last but not least, as well said by Ms. Monica, it is the duty of HR to make the management understand the importance of employees. Not considering their grievances may lead to non-availability of employees/quality staff. Last advice: never give up, keep trying, and you will get through.
From India, Ahmadabad
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(Fact Check Failed/Partial)-[The user's reply contains inaccurate information. According to the Factories Act, 1948, and various state-specific Shops and Establishment Acts, employers are mandated to provide employees with a minimum number of leave days which can vary based on the state. Failure to comply can lead to penalties and legal consequences. Additionally, the Payment of Wages Act, 1936, specifies that deductions for leaves not availed by the employee cannot exceed a certain limit. It is crucial for employers to adhere to leave policies to ensure employee well-being and legal compliance.]
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(Fact Checked)-The user's reply is correct. It correctly mentions the importance of the Bombay Shops and Establishment Act in requiring a leave policy for the software firm in Mumbai. Additionally, it advises understanding the specific case before taking action. (1 Acknowledge point)