Pan Singh Dangwal
Venkata Vamsi Krishna Patnaik
Assistant Human Resource Manager
As a company you can give additional offs to employee but the Factories Act says after six working days a off to be provided.And hours of work also to be considered.
Is your leave policy clear on the number of casual leave to be given at a stretch?
Working days in a month and weekly offs are correlated.
You cannot consider any type of leave as working day for giving off.
Eligibility of offs in your particular employees case is based on your company policy.
Venkata Vamsi Patnaik
11th June 2017 From India, Hyderabad
Thank you so much for your kind revert. We cover under Delhi Shop & establishment act. Hence, I would request you to please provide me a reference from other laws as well.
I would like to know more about "Working days in a month and weekly offs are correlated".
Thank you so much for your kind revert.
13th June 2017 From India, New Delhi
Now a days it is a practice to enhance the normal working hours and give additional w/offs. Same is generally acceptable by the employees as well. But as per my opinion it is somewhere abolition of rules related to working hours in a establishment.
However, coming to your queries, before giving any opinion/suggestion I would like to consider/implement relevant factors in your leave-w/off policy. Since additional w/off is an added facility over and above the law, so you can frame some rules to avail the benefit/s. However, pls note my observation on the same.
1 In case of leave what your leave policy says about suffix and prefix (being present either before or after leave/w-off). Means if an employee is in continuous 15 days leave, than whether the general W/off are entitled (being paid) or counted as leave. If it is countable as leave than the additional w/off should not be given. In my opinion he should be entitle only for 01 additional w/off (for remaining 15-16 days working). There is one more considerable point what about if there will be 5 Sundays. Than in the above case you have to allow him 3.5 w-off (normal+additional) for the rest 15 days. Or it can be correlated on basis on Sunday (being general w-off) appearing in the days. However, same should be mentioned in your policy.
2 If the employee had 4-5 CL than I think it should not be objectionable. He may be given the additional w/off. However, if any w-off is appearing in between of leave same can also be counted as leave. Again it is considerable whether the leave are paid leave or not.
3 Yes, this is the main point while allowing the additional w-off, you need to consider the working days (in which leave with pay should be countable as present). Further the working days need to be split into two phase (1st Half and 2nd Half). Accordingly the additional w-off need to be counted. Yes you should consider the PLs as a working day while calculating w-off (either regular or additional).
I have shared some points (norms) regarding entitlement of Holidays/W-off/Leave etc. you can consider them in your policy. I have framed these for menpower deployed at site under various sub-contractor/s. You can modify as per your requirement.
Hope you will find it as per requirement, fellow members pls put more comments to make it reliable.
Norms for availing Holiday:-
In case any Holiday is appeared on W/off, no Compensatory Holiday will be allowed.
No Holiday will be allowed between continuous Leave. The individual must be available either before or after the Holiday. Else the same will be counted as Leave/Absent (as applicable).
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 counted as absent and lead to salary deduction".
2 Maximum 3 Sick Leave can be availed in a single instance, after that Medical Certificate need to be produced to the Plant Manager. If Authentic Medical Certificate not produces, it can be counted as absent.
3 In a single instance, either Casual Leave or Sick Leave can be availed, beyond that PL, if any, will be adjusted. If no PL in balance same will be counted as absent and lead to salary deduction".
4 No W/Off-Holiday will be allowed between continuous 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 sub-contracting supervisor/Shift Incharge and than must be finally approved by the Plant Manager"
6 Repetition of Leave around the Holidays & W/Off, is allowed only against prior approval from the Plant Manager
Norms/Criteria for Privilege Leave:-
1 Generally, the individual should first Earned the Privilege Leave than only the same can be utilized/consumed.
2 After each 20 Presents, 1 PL is earned. The Present does not include W/Off, Leave, Holiday etc.
3 The Individuals are entitled to avail only the Earned PL. However, the same can be availed with prior approval of the Supervisor and the Plant Manager.
4 If any Employee availed all entitled PL during mid of the year and he/she resigns before completion of the year. The PL entitlement will be considered upto the service period only. The overpaid amount of PL will be covered from Full and Final payment
5 No W/Off-Holiday will be allowed between continuous PL. The individual must be available either before or after W/off-Holiday. Else the same will be counted as PL/Absent.
WEEKLY OFF POLICY
Norms for W/off Policy:-
1 In general the W/Off (Weekly Off) is allowed only after performing 06 days duties (Present)
2 In case any W/off is appeared on Holiday, no Compensatory W/ Off will be allowed.
3 No W/off will be allowed during consecutive Leave/Absent/Holidays.
4 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/CL/SL/PL.
13th June 2017 From India, Delhi
Thank you so much for your clarifications. It will help me to further deal with the case.
I need a little bit clarification on the below statement:-
"Yes, this is the main point while allowing the additional w-off, you need to consider the working days (in which leave with pay should be countable as present)".
We have a concept of 7 or 6 weekly offs which means 24 or 23 working days, so on an average 1 weekly off in 4 days.
Now in case if an employee proceeded on leaves (PLS) for 15 days from 01st June to 15th June, then how many offs & Additional Offs he will be entitled? What I gathered that 4th & 11th June (Sundays) will be counted in leaves, but than also he will be entitled for 2 additional offs? (As we have to count PLS also as working days)
or 3 weekly off as per the actual working days theory which Mr. Venkata has suggested.
"Means if an employee is in continuous 15 days leave, than whether the general W/off are entitled (being paid) or counted as leave. If it is countable as leave than the additional w/off should not be given"
Answer:- yes, We count intervening weekly off as leaves in case of PLs. I would request you to please provide me the reference from laws.
Request you to please clarify.
14th June 2017 From India, New Delhi