Dear Seniors,
I am seeking your help to understand actions that can be taken against a company not following leave policy.
consider an example of a software firm in mumbai have 18-20 employees,employer donot want to implement leave policy.
Then what actions can employee can take.
Please help .

From India, Vidisha
First of all let us know are you the HR Personnel, if you are into HR then let us know the reason why your employer does not want to implement the leave policy.
As per Bombay Shops and Establishment act, your software firm should have a leave policy as per the Act, but before concluding to any action from the employee's side let the forum know the exact case to advise you better. Always remember action is not always the remedy for any problems.

From India, Ahmadabad
Dear Saji,
Thanks for your revert,
Yes I am HR, reason is firm is just a start up,2 years.
Mgmt has not confirmed any employee till date and as per them no one till date has performed as per their expectation.
When discussed they told once 7-8 employees get confirmation from mgmt, the hr can introduce leave policy.
I am taking any actions. I tried my best to explain him but to no vail.Now i want to understand consequesnces that can happen to show him the clear picture what can happen in future.if any employee take any action.
Hope i am clear,please help

From India, Vidisha
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 & only response for any & every issue.
I wonder how this psyche has developed--or is it some sort of impatience to go thru the whole hog, which invariably is needed for anyone to find solutions to issues/problems? Or a sort of Maggie 2-minute noodles quick-fix psychology?

From India, Hyderabad
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
Great Law,
Mgmt is deducting salaries in thousands from ppl who are working here since two years.
and if employer has to pay maximim Rs.500.what to say next.
Anyway,Thanks Saji for your prompt response.

From India, Vidisha
Well you have to discuss with your management, if the employees are not performing since last two years why company has not taken any action against them?
make your management understand that even employees are human beings, even they have their personal life and commitments, they also need break sometime.
What will management do without an employees? If an employees needs a job employers needs an employee.
Call a meeting with management and discuss all the points with them. If they feel that there are many employees who are not performing please replace them and hire a new staff.
You also listen to the management. If everybody is on same page I am sure things will work out.

From India, Pune
Hi Subha Tiwari
It seems either you are in great hurry or frustrated, the law does not permit the employer not to allot Leaves, or draft any such policies. The employer has to compensate for such leaves as mentioned in the Act (which is minimum) and for non compliance there is a fine of Rs. 50/- to Rs. 500/-. Nowhere I have mentioned that employer can be relieved by paying Rs. 500/-.
Last but not the least as well said by Ms. Monica it is the duty of the HR to make the management understand the importance of employees, and not considering their grievances may lead to non availability of employees/quality staff. Last advise never give/fed up try and you will get through.

From India, Ahmadabad

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