PL Paid Leave Sharing Policy

Is PL sharing policy feasible what are legal oblations and which company is following such kind of policy?

Dear Member
You may find the article which can be accessed by the following link useful for your query.
Leave sharing amongst co-workers: Augure India first introduced and applied in 2009 | Socilion – Reputation Management and Public Relations Agency
regards
Preetam Deshpande

Please explain what is the concept of PL sharing in your company.
The answers will be based on that

Hi Saswata,
Sorry for he extremly delayed response, we dont have any leave sharing progam in office however, m planing to start on this lines, please could you gudie on the same.
Regards,
Ashish Bhawkar

To the best of my knowledge, the concept of PL sharing is not allowed under law.
If you are giving benefits beyond the law, in giving additional paid leave to a particular employee, that is your prerogative. However, you can not in exchange deny someone else their leaves.
I think at best, an employee can give a letter stating he / she will not take / utilise leave due to him / she. But I suspect it can be easily revoked. The courts will stand by the employee in his right to use his own leave.

The leave exchange policy is also called as "Leave Donation" policy. It is in practice in many forward looking companies in India & I introduced it my previous stint in Hyundai, Pune. There is no bar on leave donation under any law & it is absolutely legal, as it is based on written consent of two employees, a donor & a donee.
This policy helps people with less or no leaves to their credit to take leave from someone, so that he does not have to go without pay. Such policies also fosters good inter-personal relationship amongst employees. However, there should be adequate check & balances in the policy to prevent any kind of misuse.

Thank you Saswata, for your prompt response, i was just thinking on the lines of employee welfare where if the empoyee wishfully wants to donate the leaves, of course we could have some thresh hold to make an employee eligible for the same, will this have any leagl issues.
Regards,

The problem is what happens if afterwards the employee says he still wants his holiday.
Or that it was given under duress from a manager
Doctrine of law says you can not contract away the rights given by a labour law. So is it legally binding if he has given a letter to the company saying he will not use (say) 10 days of his holiday that he could have used or otherwise carried over ?
This has not been tested in courts because very few companies allow that and a complaining employee knows he will be facing a hostile environment at work. In fact, that it's self will be an argument on court - amounting to coercion by manager to get him to donate his leave.
I have a feeling, the court will support the employee.
Mr. Dixon, I would specifically want to ask you - the law given the worker 18 days leave a year and a carry forward for some amount. Will an agreement not to take the leave or not to exercise his rights have any validity in law ?

Lets us understand there is no agreement / contract written for donating the leaves.
The crux of the policy is "voluntary donation". Further, in my ex-company where I implemented this policy, a rule was that an employee who has no leaves to his credit, can only seek for donation from another employee/s, of equivalent Grade/level. Hence, leaves could not be donated or asked just at the whims & fancies of people.
I am not sure how u arrived at 18 leaves, but whatever the nos. may be, leaves are credited to the employees leave account without asking. There is no consent taken or required for crediting annual leave to employees account.

18 leaves is computed by considering 365 days working in a year divided by 20 (1 day leave allowed for every 20 days worked)
My question is : if a person has "donated", and then he claims that the leave is due. And the law does not provide for such a donation (again you can not contract out rights of the workers). So what happens the ?