Labour Law & Hr Consultant
Insolvency N Gst Professional

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One of my professional friends Mr. Nathrao from Pune has written that the Company's Head decides leave policy. I do not agree with his opinion. It is the HR person who influences the decision on leave matters of Top Management what will be the leave policy in the Company. Ultimate approval of Top management is obtained by HR after protecting all statutory norms, like Factories Act, MB Act, National and Festival Holidays Act, Industrial Employment Standing Orders Act. Moreover leave with wages and holidays is one of the conditions of service as enumerated in Forth Schedule of Section 9A if Industrial disputes Act.
From India, Kolkata
Dear Mr.Hati,
Would have been better had you cited the thread in which Mr.Rao mentioned so. Mostly the validity of some general comments can be determined only with reference to the context. For example the caption of your thread is mentioned as " Maternity Benefit " whereas your emphasis is on the predominant role of HR in devising the over all Leave Policy of the organization in sync with the statutes applicable to it. As a general statement yours can not be disputed. But, in the context of the recent amendment carried out to the MB Act,1961 enhancing the maternity benefit to 26 weeks, you will certainly admit that lots of questions relating to many employers trying to circumvent the provisions by disqualifying the prospective appointees or asking the pregnant women employees to resign the moment the fact of pregnancy is known are repeatedly raised. You will also admit the fact that the provisions relating to maternity benefit under the Act are very simple and plain and not that much complicated involving so much of interpretative hurdles. Can we undermine the legal acumen of the HR fraternity of such organizations or conclude that they failed in their roles? Certainly not. Every employer is basically a business man. At times, if there is a possibility of minimizing certain expenses, every employer, like the Moghul Emperor Aurangezeb, becomes his own prime minister!

From India, Salem
Mr Uma,
The concerned post
The company may have put in place such leave policies which is wrong anyway.
Hr does not decide leave policies.The top brass decides leave policy as per law governing the establishment.
HR advice is vital in this matter
Denial of maternity leave is against existing law.
Yesterday From India, Pune

From India, Pune
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