Official Leave Against The Strike On 05.07.2010 - CiteHR
Swastik73
Human Resource And Industrial Relations
Tayals
Strategic Hr, Od And Change Management
SUDHIR MAHAJAN
Human Resource Development
Iinfrasolservices
Hr & Back End Operations
Brijesh.jadhav
Hr & Admn. Executive
DEEPAKJAIN1307
Production/quality/ind. Engg/ppc
Gopu.s
Executive
+3 Others

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Dear All,

This is in regards to Yesterday’s strike. In our office most of the employees were absent due to non availability of the transport facilities. Please tell me can we ask employees to fill up the leave application for the same or employer has to officially grant this leave.

Regards,
Supriya
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Since we work 6days a week, so there is so compensatory working day for us. Therefore the bandh on 05.07.2010 has been shown by us as a paid holiday to all employees as its a known fact that nobody would be able to come to office and even if they do turn up, they would only be idle through the day as all business contacts were closed. We, as a responsible Company cared for our employee's safety first unlike our government's with hidden agenda and opposition's Gimmicks!!!.....rgrds SS
Dear Supriya...
It was due to the bandh that the Transportation was not availble for employees to come to work, they dont have to fill the leave application form. it will go as a paid day for the employees. Its the company responsible for the safety of the employees during such scenarios. they will have to consider this in the employees favour and grant it as an official leave. Thats what we did for our employees.
Dear Supriya,
It was a bandh throughout the country and every one was going to affect. It is responsibility of HR Dept. to may arrangements for the safety and good work environment of the employees and hence, likewise in this issue we should ensure the transportation of th employees to reach safety to the office or a leave (Paid leave) has to be considered. You consider it as a c-off too and giving that day paid any other day can be made working.
regards
Brijesh
As per hon'bl supreme court, this bandh was ill-legal. Untill it is very serious I don't think there is a need to make it official holiday. In case of elections it is ok.
Actually depends on situation of the area and severeness of bandh.
thanks
Rashee
Dear Supriya,
Since Bandh is illegal we cannot declare it as a Holiday.
It can be treated as a CL or Special PL as the case may be and the same is to be deducted automatically from Leave Balance.
The other option is to work on an Off day.
We had a detail discussion regarding this in an earlier post.
Regards,
SC
Dear all,
nothing more to debate........
No work ... No pay.....
Bandh / hartal all are political actions. Don't breake our heads whether it is leagal-illeagal or for a cause or not.
The state has to give protection to all public to travel,work or open the company/shop etc. But what is happening here...?
No organisation can take the responsibility in such area. Who will bear the loss of production/commercial activity on this particular day (s) ? (in kerala hartal/band are plenty by both fronts).
It is the responsibility of the employee to reach at work spot before the calamity and 'out' after the danger hours.
At most, the absnce can be regularised by an eligible leave or eligible weekly off. The employer can make possible adjustments in the working hours/shift etc to lessor the harm.
Then the question is , whether the hartal followers will permit us to open /work.
Tm
Is Negotiable Instrument Act Applicable to Factoriies which are falling under Factories Act. ?
Dear Friends,
My opinion is that the Bandh should not be declared as a paid holiday. We should plan a alternate day working against it. The thought process behind this is that such Bandhs / Hartals should not be promoted.
By declaring bandh as paid holiday, someway or other we are promoting them. May be some of our employees will get involved in such activities as these are favouring them by providing a rest day with salary & they can start supporting them.
Therefore by providing a alternate working day against any bandh or hartal, we are giving a straight forward message that we are not in support of these & each n every employee should have a view against these bandh or hartals.
Thanks
Let me put my two pennies on it.

First on how to treat the absence on account of Bandh.. I do not think there is any law in India which states General Bandh are illegal.. they are part of constitutional right of expression and therefore No court interfere and awarded injunction against this Bandh.. there are laws pertaining to strikes in industrial established but not governing bandhs called by political parties. there are advisories issued by court but law there is no law which prevents it except ESMA. Strikes are considered as inherent right therefore there is provision for strikes under ID Act and Standing order Act.

Having said that we need not just look at legal side of this.. As said earlier by many speakers we need to consider the social situation/environment.. Safety and security is of prime concerned and we all know the risk associated with. Ruling governments and law and order enforcing bodies despite there best effort could not maintain normal services in any city. Expecting employees to risk their life for that days work is the organisation's decision. Organisations have to decide what view they want to take on this. HR leaders are the main influencer in this. So each one have to ask oneself, what's their personal answer.
Majority of people /organisation also understand the economic loss it brings to the organisation and employee can not be free from that therefore have to cooperate and work towards recovering from this loss. With that spirit most employee /organisation work on additional shift / another day (weekend etc) to compensate for this joint loss.

On the the issue of Negotiable instrument Act.. I do not think this act deals with any holiday.. it only regulate as to how the holidays should be treated in financial terms.. that is if that was the last date for any financial commitment, the date will be extended accordingly and the there should not be any penalty or treated as defaulting the commitment.

It the Role of HR to educate get Leaders of the organisation to understand this and take decision accordingly.
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