Is PL sharing policy feasible what are legal oblations and which company is following such kind of policy?
From India, Delhi
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From India, Delhi
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Dear Member,
You may find the article, which can be accessed by the following link, useful for your query:
Leave sharing amongst co-workers: Augure India first introduced and applied in 2009 | Socilion – Reputation Management and Public Relations Agency
Regards,
Preetam Deshpande
From India, Mumbai
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133You may find the article, which can be accessed by the following link, useful for your query:
Leave sharing amongst co-workers: Augure India first introduced and applied in 2009 | Socilion – Reputation Management and Public Relations Agency
Regards,
Preetam Deshpande
From India, Mumbai
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Please explain what is the concept of PL sharing in your company. The answers will be based on that
From India, Mumbai
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From India, Mumbai
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Hi Saswata,
Sorry for the extremely delayed response. We don't have any leave-sharing program in the office; however, I am planning to start one along these lines. Could you please guide me on this?
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Ashish Bhawkar
From India, Delhi
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Sorry for the extremely delayed response. We don't have any leave-sharing program in the office; however, I am planning to start one along these lines. Could you please guide me on this?
Regards,
Ashish Bhawkar
From India, Delhi
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To the best of my knowledge, the concept of PL sharing is not allowed under law.
If you are giving benefits beyond the law, in giving additional paid leave to a particular employee, that is your prerogative. However, you cannot, in exchange, deny someone else their leaves.
I think at best, an employee can give a letter stating he/she will not take/utilize leave due to him/her. But I suspect it can be easily revoked. The courts will stand by the employee in his right to use his own leave.
From India, Mumbai
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If you are giving benefits beyond the law, in giving additional paid leave to a particular employee, that is your prerogative. However, you cannot, in exchange, deny someone else their leaves.
I think at best, an employee can give a letter stating he/she will not take/utilize leave due to him/her. But I suspect it can be easily revoked. The courts will stand by the employee in his right to use his own leave.
From India, Mumbai
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The leave exchange policy is also called a "Leave Donation" policy. It is in practice in many forward-looking companies in India, and I introduced it during my previous stint at Hyundai in Pune. There is no bar on leave donation under any law, and it is absolutely legal, as it is based on the written consent of two employees, a donor, and a donee.
This policy helps people with fewer or no leaves to their credit to take leave from someone so that they do not have to go without pay. Such policies also foster good interpersonal relationships among employees. However, there should be adequate checks and balances in the policy to prevent any kind of misuse.
From India, Mumbai
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This policy helps people with fewer or no leaves to their credit to take leave from someone so that they do not have to go without pay. Such policies also foster good interpersonal relationships among employees. However, there should be adequate checks and balances in the policy to prevent any kind of misuse.
From India, Mumbai
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The problem is what happens if afterwards the employee says he still wants his holiday, or that it was given under duress from a manager. The doctrine of law says you cannot contract away the rights given by labor law. So, is it legally binding if he has given a letter to the company saying he will not use (say) 10 days of his holiday that he could have used or otherwise carried over? This has not been tested in courts because very few companies allow that, and a complaining employee knows he will be facing a hostile environment at work. In fact, that in itself will be an argument in court - amounting to coercion by the manager to get him to donate his leave. I have a feeling the court will support the employee.
Mr. Dixon, I would specifically want to ask you - the law gives the worker 18 days of leave a year and a carry forward for some amount. Will an agreement not to take the leave or not to exercise his rights have any validity in law?
From India, Mumbai
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Mr. Dixon, I would specifically want to ask you - the law gives the worker 18 days of leave a year and a carry forward for some amount. Will an agreement not to take the leave or not to exercise his rights have any validity in law?
From India, Mumbai
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Let us understand there is no agreement or contract written for donating the leaves. The crux of the policy is "voluntary donation." Further, in my ex-company where I implemented this policy, a rule was that an employee who has no leaves to his credit can only seek donation from another employee of equivalent grade or level. Hence, leaves could not be donated or asked just at the whims and fancies of people.
I am not sure how you arrived at 18 leaves, but whatever the numbers may be, leaves are credited to the employee's leave account without asking. There is no consent taken or required for crediting annual leave to the employee's account.
From India, Mumbai
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I am not sure how you arrived at 18 leaves, but whatever the numbers may be, leaves are credited to the employee's leave account without asking. There is no consent taken or required for crediting annual leave to the employee's account.
From India, Mumbai
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18 leaves are computed by considering 365 days working in a year divided by 20 (1 day leave allowed for every 20 days worked).
My question is: if a person has "donated", and then he claims that the leave is due. And the law does not provide for such a donation (again you cannot contract out rights of the workers). So what happens then?
From India, Mumbai
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My question is: if a person has "donated", and then he claims that the leave is due. And the law does not provide for such a donation (again you cannot contract out rights of the workers). So what happens then?
From India, Mumbai
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The donation takes place "voluntarily". If one has donated, he obviously cannot claim back as a matter of right. Hence, the crux is to educate the employees about the dos and don'ts of the policy and make them doubly aware before they donate leaves.
In my earlier company, this policy has been in force for the last 5 years or so without any hitch, even covering the blue-collar employees. Further, if we see all initiatives through the legal lens, then we can do only as much as the law demands us to do, nothing else.
From India, Mumbai
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In my earlier company, this policy has been in force for the last 5 years or so without any hitch, even covering the blue-collar employees. Further, if we see all initiatives through the legal lens, then we can do only as much as the law demands us to do, nothing else.
From India, Mumbai
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Leave Policy.doc