Umakanthan53
Labour Law & Hr Consultant
Rkn61
Hr Manager
Kritarth Consulting
Posh Programs; Hr Management Consultants

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Anonymous
Dear Members, My company has decided to scrap all paid leaves(including sick leave) for this financial year considering covid effect and leaves already given.
I find it completely unethical since the management has already applied pay cuts for the month of March, April and May.
I would appreciate if you can guided me on this. Should I convince my management that would set a wrong example or follow instruction considering the revenue impact?

From India, New Delhi
Management should not use this "double-edged sword".
Broadly speaking, management should not resort to using this, thereby reducing the morale of staff.
In fact, every endeavour should be made by management to support its employees in this pandemic era. Acts like Deferring payments, deferring bonus payment and increments etc are understandable.
You may convince the management to refrain from such acts. Your management can think of
deferment of leaves instead of total scrapping.

From India, Aizawl
Dear friend,

Whatever be the type of your establishment, it would be covered by any one of the establishment-specific labour laws. So far as I know there is no establishment-specific labor law without the provision for leave. Such statutory leave of absence is of many kinds like casual leave, sick leave, earned or privilege leave and the like depending on the type of the establishment. Even if your establishment happens to be one not falling under any such laws like the Factories Act,1948, Shops and Establishments Act etc., still the practice of any leave granted under the terms of the contract of employment or your own service regulations for years becomes a customary benefit granted to the employees and therefore it cannot be curtailed unilaterally. Thus, in any case such a move would certainly be an act of illegality on the part of the employer. Hence, as a HR manager, it is your duty to bring it to the notice of the employer with reference to the particular provisions of the labor laws applicable. The situation like the nation-wide lock down and its negative impacts on the industry cannot be taken for granted by any employer as a licence to contravene the provisions of the laws of the land.

From India, Salem
The cited Act of the Employer is blatant violation of Provisions not only of the Employment-related Laws, but also sets a dangerous precedence likely to be copied by Unscrupulous others.
Please aid and advice the Employer to take note that all Registered Establishments and all Workplaces in our Country are governed by the Laws of the Land and the Persons employed have Fundamental Rights guaranteed by Constitution of India. No Terms of Employment can be legally withdrawn by any unilateral Act by any of the consenting Party to the Employment Contract. Arbitrary Action are more often challenged in the Courts and wrongdoing rectified with or without Penalties. Prevention is Better than Cure.
Harsh K Sharan,
Kritarth Consulting,
27 May 2020

From India, Delhi
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