PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Business Mentor, Consultant And Trainer
Labour Law & Hr Consultant
K C S Kutty
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Dinesh DivekarDear Padmaja,
You have raised a separate post on the eligibility of the employees for the paid leave and closed holidays. I have replied to that query. You may follow the provisions of the law and just stop there. If the employees do not have sufficient leave balance and yet do not report for the duty, whether for the medical reasons or otherwise then let them forfeit their pay.
Employees need to be facilitators of business growth. They cannot become obstacles. The business owner has to run the business overcoming all types of obstacles.
From India, Bangalore
rkn61Our learned senior member Mr. Dinesh has already given his answer to your query, in another thread. Please peruse the same.
From India, Aizawl
K C S KuttyIf your Clinic is coming under the Shops and Establishments Act of the State, you have to provide earned leave and medical leave as per the Act, unless otherwise exempted for such a start up. One day off in a week is as per the Shops and Establishment Act.
Every establishment shall remain closed for one day in a week on the notified day and if the establishment is exempted from weekly closed day, employees have to be given one day off on rotation basis.
From India, Madras
So far as I understand by browsing through the provisions of the Karnataka Shops and Commercial Establishments Act,1961, Section 3(1)(d) of the Act completely exempts establishments for the treatment or care of the sick, infirm or the mentally unfit from the application of the Act. If the poster's so called clinic falls within that category of such exempted establishment, no statutory need to follow the leave provisions of the KNS&CE Act,1961.
However, the Minimum Wages Act,1948 applies to such establishments. In fact the Government of Karnataka has actually brought the employment in hospitals, maternity homes, nursing homes, clinics and de-addiction centers under the schedule of the MW Act,1948 and fixed minimum rates of wages. Section 13(1)(b) of the Minimum Wages Act,1948 provides for a day of rest in every period of seven days and payment of remuneration thereof and sec.13(1)(c) provides for payment for work on such day of rest at a rate not less than the overtime rate.
I have no idea about any other special labor law covering the hospital industry in the State. Therefore, it can be safely concluded that employees of the clinic are statutorily entitled for one day of weekly off only. If they are granted any other leave by way of convention, the availing of such leave is subject to the conditions, if any prescribed therein.
Generally, no leave can be claimed by an employee as a matter of right. It equally holds good that it cannot be denied by the employer as a matter of discretion also. Therefore, it is a matter of situational management which hinges on the genuineness of the claim and the flexibility of its sanction as well as the reasonableness of its rejection. Here, the staffing pattern of such an establishment functioning 24X7 matters much. If there is under-staffing, certainly it would create such practical problems for employees despite the nature of their jobs do need to have an appropriate work-life balance and leave both in periodicity and at times of need is a crucial factor in this aspect of paid employment.
Therefore, it is for the poster's management to decide accordingly for only the wearer knows where the shoe pinches.
From India, Salem