kumaracmeYour question is more of convincing the management rather than complying to statute. I would suggest you first comply to statutory obligations. Pl go through working hours of Factories Act and comply the norms and do not deduct employee leave for the fault of Management.
From India, New Delhi
saswatabanerjeeAdjusting leave for days which the management has kept the factory closed is definitely illegal. It’s against both factory act and payment of wages act. And may even be against minimum wages act. So, you need to show him the relevant regulations and the case laws (fo a google search) where courts have already decided that this is illegal.
If the management decides to ignore it, ensure you have proof that you brought it to their notice because when the shit hits the fan, the management will look for scapegoats
From India, Mumbai
Venkata Vamsi Krishna PatnaikHi, Your Management is not doing the right thing here. HR has to inform,convince and get the compliance done. Management cannot go scot-free for such deviations either.
From India, Hyderabad
PRABHAT RANJAN MOHANTYAre you taking leave application for such adjustment? If no, then take leave application from the employee.
The practice you are following is aginst the flow of laws & rules. If your industry is really facing with hardship why do not you take shelter under the law for lay-off,-retrenchment-and-closure as the case may be.
Why to adopt un-fair practice when there is option for fair practice?
From India, Mumbai
umakanthan53Paying twice the rate of normal wages to workers for over time work is a legal obligation cast upon the employer and certainly it can not be adjusted against their loss of earnings consequent on the employer's failure or inability to provide work on all the six days of the week which, apart from illegal, is also a breach of the contract of employment. Similar is the effect of compulsory adjustment of leaves at the credit of the employees.
Apart from the lack of knowledge about the legal provisions, some employers like the one mentioned in the thread, at times, influenced either by their native intelligence or by the dormant Victorian mind-set, indulge in finding out compromising reasons like the one mentioned therein. At least, the questioner should have made efforts to check with the provisions of the Industrial Disputes Act,1947 relating to lay-off. As the establishment has only 30 regular workmen on its roll, he should refer to sec.25-C of the Act and may suggest to the management to grant lay-off with compensation on a day in a week till the position improves.
From India, Salem