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Thread Started by #Anonymous

Dear Seniors, In my company they are following leave deduction based on below mentioned rule.
Rule : If leave taken by the employee before or after the Week off / holiday, it has been considered as 2 days leave cut in salary. Ex: if leave taken on Saturday, it will consider as Saturday + Sunday for salary deduction, if leave taken on Monday, it will consider as Sunday + Monday for salary deduction.
Kindly let me know the proper & applicable leave deductions. waiting for your suggestions asap.
16th August 2016 From India, Kanchipuram
The leaves rules given by your company are not in line with the law of the land. They law very clearly states that the weekly off for holiday can be included in leave only if the employee has taken you both before and after the weekly off.
For details on the laws and rules, you need to look at either the factories act on the shop and establishment applicable to your state. Detailed provisions are already given in the act
17th August 2016 From India, Mumbai
It is not fair, weekly off is employees right, it cannot be linked with any other rule and cannot impose loss of pay.
Similar arguments are seen in connection with casual leave and I have put my arguments in favour of not combining casual leave and weekly off and include weekly off days also for counting total leave. This is totally unfair.
17th August 2016 From India, Coimbatore
Weekly off / Paid Holidays falling during the leave period shall be counted as part of the leave.
One day or more leave can be suffixed or prefixed with W /off OR paid holiday; But cannot be suffixed and prefixed both.
Example: [Consider Sunday as w/off]
'X' Employee availed leave from Saturday to Monday [03 days]; All 03 days to be considered as leave. [Example of Suffix and Prefix both]
'Y' Employee availed leave on Saturday and resume on Monday; Only Saturday to be marked as leave. [Example of Prefix]
'Z' Employee availed leave on Monday but 'Z' was present on Saturday; Only Monday to be marked as leave. [Example of Suffix]
Ubaid Raheman
17th August 2016 From India, Mumbai
Dear Mr. Ubaid Raheman,
Thank you very much for your kind & brief explanation.
I need one more information, i.e., Since i am working in a start up company, the management wants me to prepare Company policy / Hr policy. Can you please guide me on the procedures & how to start the work.
17th August 2016 From India, Kanchipuram
Human Resource Policy Documents...
17th August 2016 From India, Mumbai

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Ubaid, Can you please explain which law or rules allows you do so. It will be highly helpful if you could share this information
18th August 2016 From India, Coimbatore
Dear Anonymous,

I can understand in today's dynamic industry companies are more focusing for cost optimization. Reducing Paid Leave is also one major part of that. But be it very clear you can't abolish Labour Laws under frame of improper Leave Policy (As your company doing to draft Rules at your own). Any internal policy, rule, standing order can't overcome (bypass) the labour laws. Policies and Standing orders are being framed to maintain some discipline and balance between employees rights and smooth functioning. It seems your rules prepared only to reduce costing. Though fellow members have explained there valuable suggestions on the topic. Pls find some more points which can be part of your Leave, Rest & Holiday policy. They will help to maintain some discipline and reduce unnecessary leave cost.

No Holiday will be allowed between continous Leave. The individual must be available either before or after the Holiday. Else the same will be counted as Leave/Absent.

Norms for taking Casual-Sick Leave:-

1 Maximum 2 Casual Leave can be availed in a single instance, beyond 02 regular CL, PL, if any, will be adjusted. If no PL in balance same will be deducted.

2 Maximum 3 Sick Leave can be availed in a single instance, after that Medical Certificate to be produced to the HOD. If medical leave is not balance, PL will be taken.

3 In a single instance, either Casual Leave or Sick Leave can be availed, beyond the limit PL, if any, will be adjusted. If PL not in balance, deduction will made from salary.

4 No W/Off-Holiday will be allowed between continous Leave. The individual must be available either before or after W/off-Holiday.

Else the same will be counted as Leave/Absent.

5 All leave should be first pre-approved by the Supervisor/Shift Incharge and must be finally approved by the HOD.

6 Repeatition of Leave around the Holidays & W/Off, is allowed only against prior approval, as per norms, from the HOD.

7 PL will be allowed on accrued basis.


Norms for W/off Policy:-

1 No W/off will be allowed during consequtive Leave/Absent/Holidays.

2 For availing the W/off the individual must be Presented either before or after the W/Off. Else the same will be considered as Absent/PL.

Hope you will find above as per your requirement. You can make modification as per your management decision and company policies.
19th August 2016 From India, Delhi
Factories Act, 1948. Chapter VIII [Leave with Wages]
"All leaves under factories Act, shall be exclusive of all holidays / w/off whether occurring during the period of leave".
(Explanation 2 of Sec 79, Factory Act. 1948)
Shops and Commercial Establishments Act, 1948
In respect of Causal Leave any Sunday / paid holiday occurring before the leave commences or after the expiry of leave period can be added as prefix or suffix however if occurring during the leave period it will be treated as leave.
*** Such practice depends on the MOS / Agreement / Contract of Service / Leave Policy of the Establishment.
Ubaid Raheman.
19th August 2016 From India, Mumbai
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