Malikjs
Gm (hr)
Amatya007
Service
Deepa Sood
Advocate
+2 Others

Dear All,
I am working as Manager - HR & Administration in a company which is in operations since 1992 and is manufacturing API. Since inception of the plant, they have inmplemented leave policy as under:
PL CL SL
Staff Member : 30 8 8
Workers : 21 8 0 (as they are covered under ESI)
Now my management wants to reduce PL from 30 days to 21 dyas in a year in staff category ? Can we do straight away ? Is there any legal procedure to be completed ?
We had labour unrest in 2002 and employees went on strike which prohibited by the govt and now matter is in high court.
Currently we donot have any union in the factory.
Under this circumstances, Kindly advice in the matter.
Regards,
KD Rohit
+9974952235

From India, Visnagar
Dear KD Rohit,
You have to write a circular mentioning reducing the PL from 30 to 21.
Put this circular on the notice board for 21 days and send a copy to the Labour Department.
If nobody raise the objection within 21 days, you can implement it.
If the objection will raise you have to settle it first.
AMATYA


KD Rohit,
Please let me know if you faced any issues in implementation of the policy for reduction of leaves. Our management is also planning to reduce the number of leaves. What compliances did you undertake in this regard.
thanks

From India, New Delhi
Hi all,
I have just joined a company as an single HR i.e. i am the first and only HR.I was asked to conduct an HR Diagnosis and as a result i found out that the con\mpany first had a policy of 21 leaves in total in a year but now they have reduced it to 14.most of the peple here are unhappy about this but did not had any way to convey it to the management.the company is working 9 hours a day and saturday is not a half day. i have got a request to put this across to management to atlest make saturday a half day.I want to know if it is possible and if there is ant law regarding this.
Thanks

From India, Bangalore
Dear Deepa,
sorry for delay in replying to your message.
Please note that we have not yet implemented this decision as we are facing lot of manpower problem due to boom in the market. I will get back to you once we implement it.
Regards,
KD Rohit

From India, Visnagar
Dear
Staff does not mean that he is not covered under the Settlement/Standing Orders. First of all I would like to inform you that Workman who comes under the purview of ID Act 1947 is a person who is not performing supervisory nature duties Designation/category/salary is immaterial. Further there can't be change in terms and conditions of workman till the dispute is being adjudicated. If you are Manager/Supervisor (clearly note : peforming supervisory/administrative duties i.e. you have the authority to control/supervise your Juniors) than it is required by the Management to issue individual letter in this regard. Further such persons can go to civil court for breach of Contract; unless agreed between the parties.
ak malhotra

From India, Guwahati
dear
mr malhotra has rightly said,we ourself says he is staff or he is worker but question comes who is workmen.so we have to analyse the individual by nature of duties he is performing.
a maintance manager working 50% on shop floor with screw driver getting RS50000
per month is workmen in my view.a pilot of air india getting salary in lacs is workmen.
you can take individual letters from them by mentioning they donot have any objection to change leave rules.
tks
j s malik

From India, Delhi
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