What Can Employees Do When Their Company Ignores the Leave Policy? Seeking Advice!

I am seeking your help to understand actions that can be taken against a company not following the leave policy. Let's consider an example of a software firm in Mumbai that has 18-20 employees. The employer does not want to implement a leave policy. In such a scenario, what actions can an employee take? Please help.

Regards

First of all, let us know if you are the HR personnel. If you work in HR, please explain why your employer does not want to implement the leave policy. According to the Bombay Shops and Establishment Act, your software firm should have a leave policy in place as per the Act. Before taking any action from the employees' side, provide the forum with the exact details of the case so that we can offer better advice. Always remember that taking action is not always the solution to every problem.

Thank you for your response. Yes, I am in HR. The reason is that the firm is just a startup, only 2 years old. Management has not confirmed any employees to date, and according to them, no one has performed up to their expectations yet. During discussions, they mentioned that once 7-8 employees receive confirmation from management, the HR can introduce a leave policy. I am taking some actions. I have tried my best to explain the situation to him, but to no avail. Now, I want to understand the consequences that can happen to show him a clear picture of what could occur in the future if any employee takes any action.

I hope I am clear. Please help.

Consequences of Non-Compliance with the Act

The consequence of non-compliance with the Act will be a fine of Rs. 50/- up to a maximum of Rs. 500/- under section 52(F) of the Bombay Shops & Establishment Act.

It seems either you are in a great hurry or frustrated. The law does not permit the employer to not allot leaves or draft any such policies. The employer has to compensate for such leaves as mentioned in the Act (which is a minimum), and for non-compliance, there is a fine of Rs. 50 to Rs. 500. Nowhere have I mentioned that the employer can be relieved by paying Rs. 500.

Last but not least, as well said by Ms. Monica, it is the duty of HR to make the management understand the importance of employees. Not considering their grievances may lead to non-availability of employees/quality staff. Last advice: never give up, keep trying, and you will get through.