Labour Law & Hr Consultant
Partner - Risk Management

Thread Started by #deependra1

Dear All, I am working in a manufacturing company that is 2.5yrs old and company manpower is 30people and contract roll is around 70-80. These days company getting off on every Saturday due to less production and we are adjusting employee`s leave (SL & CL) against these OFFs. While I talked about this problem to our management he said company don`t have work so we are adjusting and while they are working in OT that time also we are paying double so nothing is wrong.
So my question is that how can I make agree to my management for not to deduct leaves against off....
I already give proposal to work 1hr. more on daily but for that also he is not agree.....
2nd April 2018 From India, Faridabad
Your 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.
3rd April 2018 From India, New Delhi
Adjusting 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
3rd April 2018 From India, Mumbai
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.
4th April 2018 From India, Hyderabad
Are 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?
4th April 2018 From India, Mumbai
Paying 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.
10th April 2018 From India, Salem
Reply (Add What You Know) Start New Discussion

Cite.Co - is a repository of information created by your industry peers and experienced seniors. Register Here and help by adding your inputs to this topic/query page.
Prime Sponsor: TALENTEDGE - Certification Courses for career growth from top institutes like IIM / XLRI direct to device (online digital learning)

About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2019 Cite.Co™