Hi! I am currently working in a small private hospital in Bangalore. The question I have is regarding leave policy and deduction as a result of. Currently, there is no leave given to any of the staff (medical & non-medical) except 1 weekly off (usually Sunday). Even festivals & national holidays are working days unless they fall on our weekly off.
If anyone takes leave for whatsoever reason then pay is deducted and is calculated as follows = Net salary / number of days in the day * number of days off. When I checked with the owners, they cite Essential Services Act as the reason.
My question is, are these practices okay given that hospitals come under the Essential Services Act, or is there room for improvement? Being a manager here, I am really stuck between unhappy employees and owners. I am looking for measures that we can implement to benefit all. Kindly suggest the same.
From India, Bangalore
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If anyone takes leave for whatsoever reason then pay is deducted and is calculated as follows = Net salary / number of days in the day * number of days off. When I checked with the owners, they cite Essential Services Act as the reason.
My question is, are these practices okay given that hospitals come under the Essential Services Act, or is there room for improvement? Being a manager here, I am really stuck between unhappy employees and owners. I am looking for measures that we can implement to benefit all. Kindly suggest the same.
From India, Bangalore
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Dear Ajay,
The Essential Services Maintenance Act, 1968, is central legislation that empowers the states to have their own Acts on the subject matter. You have the Karnataka Essential Services Maintenance Act 1994, which, although lapsed, stands revived recently. Services in the health sector come under the Act. The objective of the Act is to maintain certain essential services and the normal life of the community, not to curb the legal rights relating to conditions of service of the employees of such essential services. Therefore, your owners' view is incorrect regarding the grant of leave and holidays to your hospital employees.
Your hospital is an establishment under the Karnataka Shops and Establishments Act and would be covered by the Minimum Wages Act, 1948, and the State National and Festival Holidays Act. Thus, you are legally bound to grant them leave benefits under these Acts. Sanctioning leave to the employees is entirely different from granting statutory leave benefits to them.
From India, Salem
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6108The Essential Services Maintenance Act, 1968, is central legislation that empowers the states to have their own Acts on the subject matter. You have the Karnataka Essential Services Maintenance Act 1994, which, although lapsed, stands revived recently. Services in the health sector come under the Act. The objective of the Act is to maintain certain essential services and the normal life of the community, not to curb the legal rights relating to conditions of service of the employees of such essential services. Therefore, your owners' view is incorrect regarding the grant of leave and holidays to your hospital employees.
Your hospital is an establishment under the Karnataka Shops and Establishments Act and would be covered by the Minimum Wages Act, 1948, and the State National and Festival Holidays Act. Thus, you are legally bound to grant them leave benefits under these Acts. Sanctioning leave to the employees is entirely different from granting statutory leave benefits to them.
From India, Salem
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ESMA was passed for: It is considered necessary to prohibit refusal to work in certain essential services connected with the production, generation, storage, transmission, supply, or distribution of water or electricity, transport service for the carriage of passengers or goods by motor vehicles, and any other service or employment or class thereof with respect to which the State Legislature has the power to make laws. This act is to ensure essential services such as hospitals and fire services and not to restrict normal leave applicable to employees under relevant State Acts. Leave is to be granted as per the Shops and Establishment Act of the state. Owners are either ill-informed or ignorant of the law. So read up on the Acts applicable to your hospital and ESMA and brief them in writing about minimum standards and privileges for employees.
From India, Pune
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From India, Pune
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