Leave declared on Bharat band - reducing one day from our accumulated leaves - CiteHR
Labour Law & Hr Consultant
Hr Consultant
Compliance Manager

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Our firm has declared holiday on Bharth Band , but they are reducing one day from our accumulated leaves , is it correct to do ?
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such leaves are not recognized under negotiable instrument act, hence to be treated as CL only
Regarding the legality of disruptive agitations like "Bandh", "Hartal "etc at the behest of political parties on any public issue or against the policy of the Government, the Apex Court of India too has expressed divergent views.
In this juncture, when the employer suo motu declares" holiday "on the date of any such political agitation for obvious reasons, I think, it is not justifiable on his part to deduct any leave at the credit of the employees. Instead, those who are absent on that day could be treated as unauthorized absentees and effect wage-cut for that day.
If the holiday option is taken because of the practical problems like commutation, reprisal by political parties, advice by Government Administration, why not the entity function on another day with the consent of the employees?
If an organization declares a Holiday on "BANDH" day, it usually does so keeping in mind the safety and security of its employees. It is not OBLIGATORY for the organization to do so.
Hence, if employees are explained the above, they should not grudge the deduction of 1 days leave from their accumulated leave.
Thank you,
R. H. Kavarana
HR Manager
The company has to make arrangements for the employees to either opt for leave or those who are willing to work on any other day which is a holiday otherwise, like Saturday etc.
Not a good idea to impose the condition of CL on all the employees though closing down due to bandh fearing issues that may arise due to various reasons is quite understandable in our country.
Thanks and Regards
It is not fair on the part of your employer to deduct from your leave more so since your employer declared holiday on Bharth Band suo moto. All the employees must lodge protest.
S. Sensharma
Industrial Law Consultant, Meerut
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