New HR Manager Struggling with No Leave Policy: How Can I Convince My Employer to Change?

I have recently joined a new concern as an HR Manager. I came to know that the employer doesn't give any leave, i.e., CL, EL, PL. The office remains open on gazetted holidays, and if an employee is not present on such days, their salary is deducted.

Please advise on how I can convince the employer to provide holidays as well as CL, PL, and EL.

Hi Swati Anand,

Weekly off and national & festival holidays are mandatory as per the act. Apart from that, EL is mandatory and CL/SL options are applicable with respect to the state. You have to educate the management and get the approvals.

What type of company is yours? Is it registered under the Shops and Establishment Act or the Factories Act? Leave is mandatory as per these acts, and an employer in default can be taken to task by the concerned regulatory authorities.

Under the Shop and Commercial Establishment Act, some state governments do not provide leave as casual or sick. They only offer earned or privileged leave after a specific period of serving an organization, for example, three months or a minimum of 60 days in three months. However, the weekly off is considered part of the working hours. Please check the status under which your company/establishment is registered.

Dear Anil,

This is a cinema company that has auditoriums. The employer is not providing any earned leave as well as gazetted holidays. Please advise on how to convince.

Thank you.

Swati Anand, please provide information about the Labour Commissioner of the area. Our member has stated that National Holidays are mandatory.

Regards