Diwali Vacation Dilemma in Gujarat's Labor-Intensive Industry
In one of the leading and labor-intensive industries in Gujarat, there is a strong tradition to observe a 20-21 day vacation during the Diwali festivals. If the employer does not grant this leave, workers will proceed with this vacation even without permission or may prefer to leave the employer they are working for. Now, there is a conflict due to some objections raised in social audits that if such a vacation is granted, employers must pay wages for the same, whereas there is no provision for paying any wages for ILOP or ULOP (informed or uninformed loss of pay leave).
Vacation Request Process
As per the system, all workers apply for Diwali Vacation 3-4 months in advance in the form of a common vacation request letter signed by all, showing their readiness to avail the vacation leave without pay. The works committee of companies forwards this request to management as a channel of communication. Considering the said collective request, management grants the vacation for 3 weeks. Social auditors say that such approval is illegal.
Employer's Predicament
Employers find themselves in a fix. If they do not grant leave, their factory can even shut down forever as workers do not agree. Some local workers, say 1 or 2% of the total strength, may become ready to work, but employers cannot afford to run a whole factory with very few people who can be counted on fingertips. At the same time, employers cannot even afford to pay wages for such voluntary leave.
When all workers apply for leave without pay vacation leave with their signatures and despite the reason for increasing production backlog, if employers respect the sentiments of workers and the decades-old tradition of the industry and grant such vacation, what is unlawful?
Suitable advice from respected veterans of the HR field is solicited in order to satisfy the query of social auditors.
In one of the leading and labor-intensive industries in Gujarat, there is a strong tradition to observe a 20-21 day vacation during the Diwali festivals. If the employer does not grant this leave, workers will proceed with this vacation even without permission or may prefer to leave the employer they are working for. Now, there is a conflict due to some objections raised in social audits that if such a vacation is granted, employers must pay wages for the same, whereas there is no provision for paying any wages for ILOP or ULOP (informed or uninformed loss of pay leave).
Vacation Request Process
As per the system, all workers apply for Diwali Vacation 3-4 months in advance in the form of a common vacation request letter signed by all, showing their readiness to avail the vacation leave without pay. The works committee of companies forwards this request to management as a channel of communication. Considering the said collective request, management grants the vacation for 3 weeks. Social auditors say that such approval is illegal.
Employer's Predicament
Employers find themselves in a fix. If they do not grant leave, their factory can even shut down forever as workers do not agree. Some local workers, say 1 or 2% of the total strength, may become ready to work, but employers cannot afford to run a whole factory with very few people who can be counted on fingertips. At the same time, employers cannot even afford to pay wages for such voluntary leave.
When all workers apply for leave without pay vacation leave with their signatures and despite the reason for increasing production backlog, if employers respect the sentiments of workers and the decades-old tradition of the industry and grant such vacation, what is unlawful?
Suitable advice from respected veterans of the HR field is solicited in order to satisfy the query of social auditors.