Holiday Deduction on Bhai Dooj: Is It Fair to Cut from Our Accumulated Leaves?

Our firm has declared a holiday on Bhai Dooj, but they are deducting one day from our accumulated leaves. Is it correct to do so?

Legality of Disruptive Agitations

Regarding the legality of disruptive agitations like "Bandh," "Hartal," etc., at the behest of political parties on any public issue or against the policy of the Government, the Apex Court of India too has expressed divergent views.

In this juncture, when the employer suo motu declares a "holiday" on the date of any such political agitation for obvious reasons, I think it is not justifiable on their part to deduct any leave from the credit of the employees. Instead, those who are absent on that day could be treated as unauthorized absentees and subject to a wage cut for that day.

Alternative Solutions for Declared Holidays

If the holiday option is taken because of practical problems like commuting issues, reprisal by political parties, or advice by the Government Administration, why not have the entity function on another day with the consent of the employees?

Hi,

If an organization declares a holiday on "BANDH" day, it usually does so keeping in mind the safety and security of its employees. It is not obligatory for the organization to do so. Hence, if employees are explained the above, they should not grudge the deduction of 1 day's leave from their accumulated leave.

Thank you,

Regards,

R. H. Kavarana
HR Manager
Mumbai

Hi,

The company has to make arrangements for the employees to either opt for leave or for those who are willing to work on any other day, which is a holiday, like Saturday, etc. It's not a good idea to impose the condition of CL on all the employees, though closing down due to a bandh, fearing issues that may arise due to various reasons, is quite understandable in our country.

Thanks and Regards

It is not fair on the part of your employer to deduct from your leave, more so since your employer declared a holiday on Bharth Band suo moto. All the employees must lodge a protest.

S. Sensharma Industrial Law Consultant, Meerut