Leave Policy Clarification Needed
I am sorry to start this post again, but I have checked earlier posts and didn't get any clear reply on that. There is a serious issue I am facing with my management. In my small company, we have 1.5 fixed leaves; no other leave can be entertained by employees. Earlier, a notice had to be sent to every branch stating that NO prefix and suffix are allowed, and we all know the clubbing rule. The clubbing rule was clarified, and everybody knows that salary will be deducted. However, regarding prefix and suffix, it was mentioned that it is not allowed, but if an employee gets permission from the Branch authorized person, then it is permissible.
For the last two months, the sales team started this with every Sunday; somebody is prefixing or suffixing Saturday or Monday, which may not be possible because work directly suffers. The company deals in services and brand promotion, so activities are part of it on Saturday, which have mostly suffered.
Now, management is asking me about the earlier notice issued by me with mutual discussion with management that if the branch head or reporting manager allows, then one can enjoy this kind of leave. However, it was not mentioned whether the salary will be deducted for one day or for both days.
Seeking Advice on Policy and Notice Drafting
My question is, is there any clear rule on prefix and suffix, or does it depend on the company policy and the decision made by management? What steps can one take to stop this because a direct pay cut without any notice will demotivate employees, especially the sales team? Also, I want to send another notice on this rule so that it is clear to everybody that they cannot set a benchmark on that. Please tell me the clear policy of this term and also advise me on what I should write in the notice so that no one can point a finger or do it on a regular basis.
From India, Gurgaon
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41I am sorry to start this post again, but I have checked earlier posts and didn't get any clear reply on that. There is a serious issue I am facing with my management. In my small company, we have 1.5 fixed leaves; no other leave can be entertained by employees. Earlier, a notice had to be sent to every branch stating that NO prefix and suffix are allowed, and we all know the clubbing rule. The clubbing rule was clarified, and everybody knows that salary will be deducted. However, regarding prefix and suffix, it was mentioned that it is not allowed, but if an employee gets permission from the Branch authorized person, then it is permissible.
For the last two months, the sales team started this with every Sunday; somebody is prefixing or suffixing Saturday or Monday, which may not be possible because work directly suffers. The company deals in services and brand promotion, so activities are part of it on Saturday, which have mostly suffered.
Now, management is asking me about the earlier notice issued by me with mutual discussion with management that if the branch head or reporting manager allows, then one can enjoy this kind of leave. However, it was not mentioned whether the salary will be deducted for one day or for both days.
Seeking Advice on Policy and Notice Drafting
My question is, is there any clear rule on prefix and suffix, or does it depend on the company policy and the decision made by management? What steps can one take to stop this because a direct pay cut without any notice will demotivate employees, especially the sales team? Also, I want to send another notice on this rule so that it is clear to everybody that they cannot set a benchmark on that. Please tell me the clear policy of this term and also advise me on what I should write in the notice so that no one can point a finger or do it on a regular basis.
From India, Gurgaon
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I need guidance on this issue. I need to circulate the notice as soon as possible because management is pressing me for a solution. Can you help me find the exact policy on suffixing and prefixing?
From India, Gurgaon
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From India, Gurgaon
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I don't know what you want to hear. In all honesty, my opinion is that the rule of deducting salary for taking leave on Saturday or Monday is cruel. I understand when you say that you need employees to work on the weekend, especially Saturday. But what if they are able to manage leaves among themselves and still complete the work? Have there been any complaints of missed deadlines? Discuss with management the repercussions of such outdated rules.
From India, Mumbai
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From India, Mumbai
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I guess, my friend, you are not getting the point. Maybe I didn't clarify it. I am not talking about deduction or anything. My point is about absenteeism. Discipline is a thing that is required in work. Meeting your deadline in only 2 hours does not mean you are allowed to do xyz for your entertainment.
Understanding Suffix and Prefix in Absenteeism
I just simply want to know the terms of suffix and prefix and what actions can be taken if HR finds it to be a regular occurrence by employees. Please share the views that are applicable to solve this issue.
Regards,
From India, Gurgaon
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Understanding Suffix and Prefix in Absenteeism
I just simply want to know the terms of suffix and prefix and what actions can be taken if HR finds it to be a regular occurrence by employees. Please share the views that are applicable to solve this issue.
Regards,
From India, Gurgaon
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Understanding the Sandwich Rule in Leave Policy
The law on the sandwich rule is very simple. If an employee takes leave on both sides of a holiday, that holiday is counted as leave, and the employee either loses salary or a day from their accumulated leave. There is no law or justification for deducting leave, salary, or imposing any penalty for taking either of the days and not both as leave. Therefore, your management's decision is wrong.
If someone takes Saturday off and comes to work on Monday, or if someone takes leave on Monday but has worked the previous Saturday, you cannot deduct leave or salary for Sunday. It would be an illegal deduction. The employee is entitled to be paid for their weekly off.
The company can, of course, have its own rules (within the framework of the law) and can also have its own procedure for availing leave. The Heads of Departments (HODs) can refuse to grant leave on Saturday or Monday. However, you cannot deduct salary for Sunday even if the person took unauthorized leave on either of the days (prefix or suffix).
From India, Mumbai
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The law on the sandwich rule is very simple. If an employee takes leave on both sides of a holiday, that holiday is counted as leave, and the employee either loses salary or a day from their accumulated leave. There is no law or justification for deducting leave, salary, or imposing any penalty for taking either of the days and not both as leave. Therefore, your management's decision is wrong.
If someone takes Saturday off and comes to work on Monday, or if someone takes leave on Monday but has worked the previous Saturday, you cannot deduct leave or salary for Sunday. It would be an illegal deduction. The employee is entitled to be paid for their weekly off.
The company can, of course, have its own rules (within the framework of the law) and can also have its own procedure for availing leave. The Heads of Departments (HODs) can refuse to grant leave on Saturday or Monday. However, you cannot deduct salary for Sunday even if the person took unauthorized leave on either of the days (prefix or suffix).
From India, Mumbai
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Thank you, Saswatabanerjee, for sharing your knowledge on this issue. As you mentioned, it depends on the company's own rules. Can the company deduct the salary so that employees don't set the benchmark? For example, to reduce absenteeism, which directly affects employee performance.
From India, Gurgaon
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From India, Gurgaon
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No, please read carefully. I said the company can have its own set of rules within the framework of the law. Deducting salary for a Sunday (weekly off) is illegal unless it is in a case where the employee was absent on BOTH the day before and after the weekly off. The rules you set, for whatever reason, cannot override the provisions of the law.
From India, Mumbai
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From India, Mumbai
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Mr. Atul Khanna,
Mr. Saswathabanerjee has clarified the issue for you. I will further elaborate on your query. An employee can either prefix or suffix their weekly holiday or any type of holiday at their convenience, but they are not permitted to do both. If they apply for both, then intermittent leave will be counted as part of the holiday and will be paid subject to the availability of leave. This applies to Casual leave.
Earned Leave or Privilege Leave
For Earned Leave or Privilege leave, as per the Factory Act, Shops and Establishments Act, or any other statutory act, intermittent holidays during the leave period are exempted and should not be included in the leave duration. Leave rules should be consistent for all employees on the payroll, regardless of branch office or head office. The application of leave rules is at the discretion of the management.
Regards,
Adoni Suguresh
Sr. Executive (Personnel, Administration & HRD) Retired
Labour Laws Consultant
From India, Bidar
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Mr. Saswathabanerjee has clarified the issue for you. I will further elaborate on your query. An employee can either prefix or suffix their weekly holiday or any type of holiday at their convenience, but they are not permitted to do both. If they apply for both, then intermittent leave will be counted as part of the holiday and will be paid subject to the availability of leave. This applies to Casual leave.
Earned Leave or Privilege Leave
For Earned Leave or Privilege leave, as per the Factory Act, Shops and Establishments Act, or any other statutory act, intermittent holidays during the leave period are exempted and should not be included in the leave duration. Leave rules should be consistent for all employees on the payroll, regardless of branch office or head office. The application of leave rules is at the discretion of the management.
Regards,
Adoni Suguresh
Sr. Executive (Personnel, Administration & HRD) Retired
Labour Laws Consultant
From India, Bidar
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Thank you, @Adoni Suguresh, for sharing your views on the leave policy. It's a very simple policy, with 1.5 fixed leave days per month on a pro-rata basis. If I am not mistaken, these leave days are counted in the earned leave policy. Additionally, we have clearly stated in the leave rule policy that suffixing and prefixing holidays is not allowed, a rule that all employees sign during the joining process.
Both of you provided guidance in a very clear manner. While I do not support deductions, the management is pressuring us, claiming that this information has been communicated to everyone. I have expressed that deduction should not be the only recourse. My current dilemma is that I need to issue a notice to everyone to prevent a recurrence of this issue. Therefore, I would like to confirm if there is any relevant policy in law that I can reference in the notice. Additionally, please advise me on what I should include in the notice to effectively communicate and address this matter.
From India, Gurgaon
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Both of you provided guidance in a very clear manner. While I do not support deductions, the management is pressuring us, claiming that this information has been communicated to everyone. I have expressed that deduction should not be the only recourse. My current dilemma is that I need to issue a notice to everyone to prevent a recurrence of this issue. Therefore, I would like to confirm if there is any relevant policy in law that I can reference in the notice. Additionally, please advise me on what I should include in the notice to effectively communicate and address this matter.
From India, Gurgaon
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LEAVE-ATTENDANC E POLICY.doc