Kknair
Hr, Ir, Law, Disc. Matters
+4 Others

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Dear All,
I seek some opinions about leave adjustment;
One of our employee has consumed all his leaves as listed in our company policy. He asks for a leave adjustment for one day that he worked on a weekly off i.e. he worked on a Saturday (Weekly off) which he wants it to be adjusted to one of his Saturday which falls in his leave dates so that his 1 leave is saved.
As we do not have any compensatory off policy, instead we have a credit policy wherein an employee who works on WO/PH he gets an additional privileged leave & 1 day wages.
Therefore kindly suggest a right approach for the following issue.
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Dear Amane,
In my opinion you should follow ur co.policy and if you want to bring in compensatory policy then you should discuss with your concerned team and make proposal to your Top mgmt for approval.
Regards
Vikram Bhati
Dear Amane
Generally if any body works on C-off or Phs,that day will be adjusted on any other day.
if it is genuine one,we can give him one day credit to his leave account.
but that shd be approved by his superior that he has work on that specified dates.
Hari
Compensatory off is a better option than paying one day wage and one PL. You can implement C off policy after due discussions with your employees and seniors. Regards - kamesh
Dear Mane, As per Factories Act, a person working on weekly off day has to be given compensatory holiday within three days (+/_) of the weekly off day. (Section 52) With relaxation order from the Chief Inspector of Factories, such compensatory holiday can be given within the month/ can be further stretched to the next two months. Otherwise, I am afraid, you will be violating the Factories Act, and you have no defense. Regards KK Nair
Dear Mane
If you have your leave policy and if it permits such adjustment, you can go ahead with it. So far as law is concerned, the Factories Act 1948 does not prohibit such adjustment and in fact sec. 79 of the Factories Act excludes holidays falling during the leave period or at the end of it.
If your establishment is one covered under Shops and Establishments Act, you need to refer to the relevant provision of the Shops Act of your State to take a decision on the matter. For example Sec.35 of the Bombay Shops Act 1948 treats a weekly off falling during leave as part of the leave period only.
B.saikumar
HR and Labour Law Consultant
Chipinbiz Consultancy Pvt.Ltd.
Dear Mane,
You are include in your C.Off policy it is the part of leave policy. He/She Worked weekly off days with prior approval from HOD to given in one or two month as per the management wish.
Regards,
Bhoopathi. J
Dear All,
Thank you all for your suggestions, however we do not have a structured Leave policy in our company, rather we provide 24 leaves p.a. to every employee of our company & no such leave adjustments are made. Its the employee who wants his leave to be adjusted but our management has an opposite opinion which is the cause of friction. I am trying to find a solution to the same, kindly suggest what could be the possibilities in such case.
I am in process of developing leave policy but confused because there are number of acts, but I shall refer to which Act is the confusion. Kindly suggest your view.
And Thank you to Mr. B Saikumar, your suggestion solved a part of the grievance.

Amane,
There is no seperate policy for C Offs.
you can add a line in the leave policy that all C offs (can be carry forward or adjusted) into their leave balance( depending upon ur mgmt decision).
In general scenario leave adjustment is a casual practise.
Hari
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