Umakanthan53
Labour Law & Hr Consultant
Ravi5554
Asst.manager -hr

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Dear All: The query relates to minimum leaves allowed to employees so if an organization provides less leaves then what is defined in Factory's act or Shops and Establishment act then is there any negative impact?
From India, Ahmedabad
Dear Friend, Law has to follow, if we breach it then we have to face it.
From India, Mumbai
Dear Julee verma,
Understanding of two things precede this type of question. One is the right understanding of the purpose and importance of leave provisions in a labor law and the other is the effect of non-compliance or contravention of such statutory provision.
Whatever the standards of conditions of employment prescribed in every labor law are the minimum only and so are the types of leave and their scales.
Generally leave cannot be claimed as a matter of right by the employee and prior sanction or approval by the employer is essential. But there are unforeseen circumstances like sudden illness of self or someone in the family of the employee, discharge of certain social obligations by the employee like any other member of the civilized society etc. Therefore, every employer/manager is required to exercise his discretion reasonably. Otherwise, the employees would lose their job satisfaction gradually thus resulting in unauthorised absence as well as heavy employee turn over rate.
Violating the provisions of labor laws may be very easy but its consequences are certainly costlier in the long run. Such employers will have to eventually face prosecution in Criminal Court ending in conviction with heavy fine or imprisonment or with both. Above all, such a practice of persistent violation will lead to employee unrest and unnecessary industrial disputes.

From India, Salem
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