Partner - Risk Management
Asst.manager -hr
Adoni Suguresh
Sr.executive (per & Adm)

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Hello everyone,
One of my friend is working as an HR in an manufacturing company. His company wants to exert sick leaves from leave policy and then there will be no sick leave allotted to any employee inspite of the fact that the company comes under ESI benefit. So can anyone tell me if the company can remove sick leaves from leave policy? What is the law for Sick leaves? If ESI is Start from 01.10.2014.

From India, Chandigarh
Under ESI Act
If an insured person requires medical treatment and attendance and needs abstention from work on medical grounds, Sickness benefit is paid for the period of abstention duly certified by the Authorised Medical Officer, for a period not exceeding 91 days in two consecutive befit periods (say one year) @ 60% of his wages, subject to payment of contribution for not less than 78 days in the corresponding contribution periods.

From India, Mumbai
Hello Aditya, Thank you for your valuable response but I want to ask if the company at its will can remove sick from its leave policy from 1.10.2014 ?
From India, Chandigarh
Hi, 1.When you covered under the ESI then what is the need of company’s different Sick leave policy. 2.Yes they can change the policy.
From India, Mumbai
Because every company has its own leaves policy so can they remove sick leaves from their policy permanently?
From India, Chandigarh
Under factory act, there is no concept of sick leave
The company is required to give 1 day of paid leave for every 20 days worked in the previous year.
So, to that extend, the company can do away with sick leave.
All employees who are under esic, they get their leave salary paid by esic and the company has nothing to do with that (except allow the person to be absent from work)
But, please check whether there is any division of leave in your standing orders (certified or model). If it's there,mother you can not remove sick leave from it without amending the standing orders, which requires approval of factory inspector / labour commissioner.
Another point - removing sick leave for those who are not in esic will amount to change in terms of employment. Such changes need to be approved by the employees / workers / union. You need to give notice of it and get the same approved or it will become an industrial dispute

From India, Mumbai

You are asking the suggestions on behalf of your one of friend. You are telling that your friend is working as H R, Who knows better than you since he or she is the person facing the issues perhaps may be from Management side. Why you are asking why not your friend can ask. Like this types of questions will leads to the confusion for the experts in giving their opinion. First of all facts are not putting in proper way giving half information and anticipating instant answers and they are hiding their identity. This is un healthy practice. You advise your friend to put his problems, if any, directly in this forum with his or her query.

Any way since you are raised the query our learned contributing member Mr.Saswata Banejee is well answered your query. Whenever you need to modify or revise company leave policy is not so easy as you have to go so many channels. Giving any benefits are easy but withdrawing is very difficult, if the workers are covered under Registered Trade Union and the same is affiliated to AITUC or CITU. In all the angles have to think and then only possible the experts to give their opinion . Since you peoples are well educated and doing professional jobs in HR, Personnel try to read the magazines, labour laws and try understand and build up your career. By putting simply problem and anticipate instant reply is not healthy practice. Thans Mr.Banerjee. Sir

Mr.S.Banerjee Sir, please correct me if I am wrong. I am reading your comments , Mr.Korgaonkar, Mr.Varghese Mathew and many more contributin members ., frequently and i interestingly repeating as and when I get time.without any hesitation, since your comments and other who are named above are worthy.

Thanks and Regards,

Adoni Suguresh

Sr.Executive (Pers, Admin & Ind.Rels) Rtd

Labour Laws Consultant

From India, Bidar
Dear Adoni
Your contention is correct.
Many times people put in multiple identify, ask on behalf of others, give partial information. Some because they don't realise how varied answers can be for small missing information or how a small fact changes the circumstances. Some unfortunately think it's our duty to answer their questions, even where they have not bothered to read previous threads on the forum.
I am glad to hear you find our posts worthy of repeating. Most of us active members here do post for sharing our knowledge, and you are free to use, repost, share and where necessary, correct any errors we may have made.

From India, Mumbai
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