How Should We Handle Leave Requests When a Strike Disrupts Transport?

Dear All,

This is in regards to Yesterday's strike. In our office most of the employees were absent due to non availability of the transport facilities. Please tell me can we ask employees to fill up the leave application for the same or employer has to officially grant this leave.

Regards,
Supriya

Since we work six days a week, there is no compensatory working day for us. Therefore, the bandh on 05.07.2010 has been considered a paid holiday for all employees. It is a known fact that nobody would be able to come to the office, and even if they do turn up, they would only be idle throughout the day as all business contacts would be closed. We, as a responsible company, prioritize our employees' safety first, unlike our government with hidden agendas and the opposition's gimmicks!

Regards,
SS

Dear Supriya,

It was due to the bandh that the transportation was not available for employees to come to work; they don't have to fill the leave application form. It will go as a paid day for the employees. It's the company's responsibility to ensure the safety of the employees during such scenarios. They will have to consider this in the employees' favor and grant it as an official leave. That's what we did for our employees.

Dear Supriya,

It was a bandh throughout the country, and everyone was going to be affected. It is the responsibility of the HR Department to make arrangements for the safety and good work environment of the employees. Hence, in this issue, we should ensure the transportation of the employees to reach the office safely, or consider granting them a leave (Paid leave). You can also consider it as a day off and provide paid leave on any other working day.

Regards,
Brijesh

As per the Honorable Supreme Court, this bandh was illegal. Until it is very serious, I don't think there is a need to make it an official holiday. In the case of elections, it is acceptable. Actually, it depends on the situation of the area and the severity of the bandh.

Thanks,
Rashee

Dear Supriya,

Since a Bandh is illegal, we cannot declare it as a holiday. It can be treated as a CL or Special PL, as the case may be, and the same is to be deducted automatically from the Leave Balance. The other option is to work on an off day. We had a detailed discussion regarding this in an earlier post.

Regards,
SC

Dear all,

Nothing more to debate... No work, no pay. Bandh/hartal are all political actions. Don't break our heads over whether it is legal or illegal, or for a cause or not. The state has to provide protection to all the public to travel, work, or open their company/shop, etc. But what is happening here...? No organization can take responsibility in such situations. Who will bear the loss of production/commercial activity on these particular days? (In Kerala, hartals/bands are frequent from both fronts). It is the employee's responsibility to reach the worksite before the calamity and leave after the danger hours.

At most, the absence can be regularized by eligible leave or an eligible weekly off. The employer can make necessary adjustments in working hours/shifts, etc., to minimize the harm. Then the question is, will the hartal followers permit us to open/work?

Tm

Is the Negotiable Instruments Act applicable to factories that fall under the Factories Act?

Dear Friends,

My opinion is that the bandh should not be declared as a paid holiday. We should plan an alternate working day against it. The thought process behind this is that such bandhs/hartals should not be promoted.

By declaring a bandh as a paid holiday, we are, in some way, promoting them. Perhaps some of our employees will get involved in such activities as they are favored by providing a rest day with salary, and they can start supporting them.

Therefore, by providing an alternate working day against any bandh or hartal, we are sending a straightforward message that we do not support these, and each and every employee should have a view against these bandhs or hartals.

Thanks

Let me put my two cents on it.

First, on how to treat the absence on account of Bandh... I do not think there is any law in India which states that General Bandhs are illegal. They are part of the constitutional right of expression, and therefore, no court interferes and awards injunctions against this Bandh. There are laws pertaining to strikes in industrial establishments but not governing bandhs called by political parties. There are advisories issued by the court, but in law, there is no provision that prevents it except ESMA. Strikes are considered an inherent right; therefore, there is a provision for strikes under the ID Act and Standing Order Act.

Having said that, we need not just look at the legal side of this. As mentioned earlier by many speakers, we need to consider the social situation/environment. Safety and security are of prime concern, and we all know the risks associated with it. Despite their best efforts, ruling governments and law enforcement bodies could not maintain normal services in any city. Expecting employees to risk their lives for that day's work is the organization's decision. Organizations have to decide what view they want to take on this. HR leaders are the main influencers in this. So each one has to ask oneself, what's their personal answer.

The majority of people/organizations also understand the economic loss it brings to the organization, and employees cannot be free from that; therefore, they have to cooperate and work towards recovering from this loss. With that spirit, most employees/organizations work an additional shift/another day (weekend, etc.) to compensate for this joint loss.

On the issue of the Negotiable Instruments Act... I do not think this act deals with any holiday; it only regulates how the holidays should be treated in financial terms. That is, if that was the last date for any financial commitment, the date will be extended accordingly, and there should not be any penalty or be treated as defaulting on the commitment.

It is the role of HR to educate and get leaders of the organization to understand this and make decisions accordingly.

Leave may be adjusted in their CL or PL, or you can ask them to work on any weekly off day to compensate the same.

In the future, you declare as compensatory off i.e. during a bandh day, the company will be on holiday, and employees have to work before or after the bandh to compensate the same.