Is This New Leave Policy Fair? Legal Concerns and Employee Options Explored

A company (non-manufacturing) has recently revised its leave policy. It operates on a 5-day workweek from Monday to Friday.

The new leave policy is as follows:
1. If employees take leave on Monday or Friday, the preceding or succeeding Saturday and Sunday will be counted as leave.
2. No leave can be taken before or after a company-declared holiday (e.g., Holi or Diwali); otherwise, the preceding or succeeding declared holidays will be treated as leave.

Questions for the experts are as follows:
1. Is this legally enforceable?
2. What remedies are available to the employees of the firm other than resigning from the company?

Hi, This is really absurd. Employees can approach the Labour Inspector of their jurisdiction and register a complaint.

Thank you.

Dear Member, The proposed leave policy has absolutely no legal sanction. However, did the employees check with the HR department to know under the provisions of which law the leave policy has been designed?

Recommendation for Employees
I recommend all employees come together and approach the authorities concerned to frame the policy that fits within the purview of the Factories Act or Shops and Establishment Act, as applicable to your company. If the authorities remain inclement, then the employees are free to give a collective representation to the labor office under whose jurisdiction the company falls in.

Thanks,

Dinesh Divekar

Please clarify if this is an actual situation in your organization or if it is an assignment question for a college course.

It depends on the company and the system they follow. Some include eligible weekly offs in the salary, while others consider only the working days in a week and festival holidays approved by the company.

Many companies have a policy regarding remaining absent without prior notice or approval to avail of intervening holidays or pre- and post-days of a weekend and week start. This is a crucial subject, and surely the welfare of the employees is the utmost priority. Leave your policy and rules aside.

Consultation with Operations Head

Here, there should be an Operations Head who is consulted to implement this after discussion with employees. The pre-on and post-on weekend and festive leaves could be allowed to an employee a certain number of times in a year. You have to run the business while ensuring staff welfare is also important. I have seen Bank Managers avail themselves of this kind of holiday most of the time and go to their native places.

So don't think that HR is just about making and breaking policies. You too are an employee, so maintain the relationship after considering the staff's opinion.