Policy Change Consideration for Leave Benefits
I am planning to make a change in the company policy of my organization. We have been observing these issues for a few months. Female employees who go on Marriage Leave or Maternity Leave take advantage of these leaves from the company and later return to work for one or two months before leaving the organization.
According to labor laws, we are obligated to provide compulsory maternity benefits to employees, and marriage is also a genuine reason for which we have to grant leave benefits to employees. However, it is very unprofessional for employees to take such benefits, complete the required month of work, and then leave the organization. Therefore, I am considering making some policy changes in response to this issue.
I would appreciate suggestions from the Cite HR team members on what changes we can implement in the policy while adhering to mandatory labor law regulations.
Regards,
Ashwini Mhapankar.
From India, Mumbai
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10I am planning to make a change in the company policy of my organization. We have been observing these issues for a few months. Female employees who go on Marriage Leave or Maternity Leave take advantage of these leaves from the company and later return to work for one or two months before leaving the organization.
According to labor laws, we are obligated to provide compulsory maternity benefits to employees, and marriage is also a genuine reason for which we have to grant leave benefits to employees. However, it is very unprofessional for employees to take such benefits, complete the required month of work, and then leave the organization. Therefore, I am considering making some policy changes in response to this issue.
I would appreciate suggestions from the Cite HR team members on what changes we can implement in the policy while adhering to mandatory labor law regulations.
Regards,
Ashwini Mhapankar.
From India, Mumbai
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Is your company covered under the Factory Act or the Shops and Establishments Act? I recommend providing leave to employees that complies with either of the two laws of the state in which your company is located.
There is nothing called "Marriage Leave." It seems that your company might have introduced this leave as a welfare measure. For marriage purposes, allow all employees, regardless of gender, to accumulate their leave and avail of it. For any additional requirements, they may take "Leave Without Pay" (LWP).
Women employees may resign from their employment after marriage due to reasons such as relocation or an increase in commuting distance to the workplace.
Regarding maternity leave, you do not have much control over it. You need to comply with either the ESI Act or the Maternity Benefit Act of your state. However, one issue is that women employees tend to quit their jobs after utilizing maternity leave, possibly to care for their newborn. Consider if they can be granted LWP for six months. They can rejoin the organization once the child is a year old. Nevertheless, this decision depends on the total number of employees in your company.
Some women take a break after maternity leave, while others do not. The choice varies from person to person. Some are ambitious, some are not. Some continue to work due to financial reasons, while others lack support to look after their child. Some have partners who earn enough or come from affluent families, so a break of 2-3 years is inconsequential to them. Hence, generalizing on this matter would be challenging. The best suggestions will come from female employees on how to address this issue. Therefore, consider having a brainstorming session with them!
Thanks,
Dinesh Divekar
From India, Bangalore
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There is nothing called "Marriage Leave." It seems that your company might have introduced this leave as a welfare measure. For marriage purposes, allow all employees, regardless of gender, to accumulate their leave and avail of it. For any additional requirements, they may take "Leave Without Pay" (LWP).
Women employees may resign from their employment after marriage due to reasons such as relocation or an increase in commuting distance to the workplace.
Regarding maternity leave, you do not have much control over it. You need to comply with either the ESI Act or the Maternity Benefit Act of your state. However, one issue is that women employees tend to quit their jobs after utilizing maternity leave, possibly to care for their newborn. Consider if they can be granted LWP for six months. They can rejoin the organization once the child is a year old. Nevertheless, this decision depends on the total number of employees in your company.
Some women take a break after maternity leave, while others do not. The choice varies from person to person. Some are ambitious, some are not. Some continue to work due to financial reasons, while others lack support to look after their child. Some have partners who earn enough or come from affluent families, so a break of 2-3 years is inconsequential to them. Hence, generalizing on this matter would be challenging. The best suggestions will come from female employees on how to address this issue. Therefore, consider having a brainstorming session with them!
Thanks,
Dinesh Divekar
From India, Bangalore
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Policy Proposal for Marriage Leave in Urban Infrastructure Company
My company is a private limited Urban Infrastructure company that falls under the Shop and Establishment Act. We do not provide any extra benefits for marriage leave; this will be deducted from their paid leave only or will be unpaid if there is no leave balance. As you mentioned, in the case of maternity leave, we cannot do anything, but after marriage, three female employees left the company for better prospects.
I am considering introducing a policy stating that whoever is going on marriage leave will be asked to avail it from their paid leave, but 50% of the salary for that particular period will be kept on hold and paid after one year of resuming duties. Please advise if this can be implemented.
Thank you.
From India, Mumbai
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My company is a private limited Urban Infrastructure company that falls under the Shop and Establishment Act. We do not provide any extra benefits for marriage leave; this will be deducted from their paid leave only or will be unpaid if there is no leave balance. As you mentioned, in the case of maternity leave, we cannot do anything, but after marriage, three female employees left the company for better prospects.
I am considering introducing a policy stating that whoever is going on marriage leave will be asked to avail it from their paid leave, but 50% of the salary for that particular period will be kept on hold and paid after one year of resuming duties. Please advise if this can be implemented.
Thank you.
From India, Mumbai
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You cannot withhold anybody's salary. What I recommend is to talk to the newlyweds or new moms about their future plans, and you shall get an idea as to whether they are comfortable with their jobs post-marriage or maternity, any support they need from the organization, or if they are looking for higher salaries due to an increase in expenses. The data shall help to derive the stability report for these employees. Please understand marriage and motherhood come with additional responsibility and a change of mindset. Something which was okay earlier may not be now. Be a catalyst in bridging the gap.
I was offered a two-hour relaxation before and after maternity, and it helped a lot as I started working when my son was only 3 months old. I would like to quote one recommendation by one of my mentors: "Work on the soft (mindset) part of HR and not the hardware (Processes) of HR."
Hope this helps :)
Regards
From India, Mumbai
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I was offered a two-hour relaxation before and after maternity, and it helped a lot as I started working when my son was only 3 months old. I would like to quote one recommendation by one of my mentors: "Work on the soft (mindset) part of HR and not the hardware (Processes) of HR."
Hope this helps :)
Regards
From India, Mumbai
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Yes, sir. Very true.
The same thing I had tried to explain to management, but they are not ready for it. They just want a change in employee policy where they should continue with the organization for at least one year after coming back for any of the said leaves. For this, they either want to hold the employee's salary or get a written agreement from employees to continue with the company.
From India, Mumbai
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The same thing I had tried to explain to management, but they are not ready for it. They just want a change in employee policy where they should continue with the organization for at least one year after coming back for any of the said leaves. For this, they either want to hold the employee's salary or get a written agreement from employees to continue with the company.
From India, Mumbai
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One cannot impose such conditions. Whether management wants it or not,law of the land has to be taken into a/c while making any changes.
From India, Pune
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From India, Pune
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Dear Ashwini,
The problem faced by your company is common among corporates. Many women employees go on maternity leave and then attach their pending leaves to it. Some of them even do not come back to the office. They simply send their resignation by email and move away. As per the guidelines of the MBA, you cannot get away with that. To overcome this issue, the employer is required to create a bond among the employees.
It cannot happen immediately, but you have to take measures that will develop a culture and values to help retain employees within the organization. You can also ask your employees to resign before going on such leaves with the assurance of giving them back their job whenever they want to return. It is crucial to absorb them whenever they want to come back, regardless of any vacancies. This, at least, can help you manage the extra burden of costs when they are on leave.
Regards,
Deepak Pawar
From India, Mumbai
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The problem faced by your company is common among corporates. Many women employees go on maternity leave and then attach their pending leaves to it. Some of them even do not come back to the office. They simply send their resignation by email and move away. As per the guidelines of the MBA, you cannot get away with that. To overcome this issue, the employer is required to create a bond among the employees.
It cannot happen immediately, but you have to take measures that will develop a culture and values to help retain employees within the organization. You can also ask your employees to resign before going on such leaves with the assurance of giving them back their job whenever they want to return. It is crucial to absorb them whenever they want to come back, regardless of any vacancies. This, at least, can help you manage the extra burden of costs when they are on leave.
Regards,
Deepak Pawar
From India, Mumbai
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Dear Deepak,
Taking a resignation before going on leave is not a legal way. It's like asking an employee, before his major happiness, to forgo his livelihood. Also, the law does not support it. It's like creating different rules for employees, which go against the equality that we promise in the organization. Will the HR also ask a male employee to resign if he is going on a marriage leave? If the answer is no, then we cannot create and promote such an environment.
Regards,
Ashutosh Thakre
From India, Mumbai
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Taking a resignation before going on leave is not a legal way. It's like asking an employee, before his major happiness, to forgo his livelihood. Also, the law does not support it. It's like creating different rules for employees, which go against the equality that we promise in the organization. Will the HR also ask a male employee to resign if he is going on a marriage leave? If the answer is no, then we cannot create and promote such an environment.
Regards,
Ashutosh Thakre
From India, Mumbai
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Dear Ashwini,
In addition to my last post, let me add my second comment.
If women employees are quitting employment after their wedding or maternity, it indicates that they are not necessarily attached to the organization. Women quit because, for them, it is "one of the jobs," and similar jobs are available in the job market. What women staff show is their continuance commitment and not the affective commitment.
There are cases wherein spinsters select their match based on their career aspirations. Occasionally, the brand value of their organization is so high that it matters a lot for them to stay in the company. Against this backdrop, what your organization needs to do is to roll out an employee engagement program. This program will improve the engagement of employees of all hues and not necessarily of spinsters or pregnant women. If you withdraw a few benefits of women employees here and there, you may save some funds, but the underlying problem of mental disengagement will remain.
Do you plan employees' careers? Do you help employees design their career plans? If not, then start doing that. When the career path is laid, women might take a halt somewhere but will not choose a new path altogether.
All the best!
Regards,
Dinesh Divekar
From India, Bangalore
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In addition to my last post, let me add my second comment.
If women employees are quitting employment after their wedding or maternity, it indicates that they are not necessarily attached to the organization. Women quit because, for them, it is "one of the jobs," and similar jobs are available in the job market. What women staff show is their continuance commitment and not the affective commitment.
There are cases wherein spinsters select their match based on their career aspirations. Occasionally, the brand value of their organization is so high that it matters a lot for them to stay in the company. Against this backdrop, what your organization needs to do is to roll out an employee engagement program. This program will improve the engagement of employees of all hues and not necessarily of spinsters or pregnant women. If you withdraw a few benefits of women employees here and there, you may save some funds, but the underlying problem of mental disengagement will remain.
Do you plan employees' careers? Do you help employees design their career plans? If not, then start doing that. When the career path is laid, women might take a halt somewhere but will not choose a new path altogether.
All the best!
Regards,
Dinesh Divekar
From India, Bangalore
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Make your company a place to work in and grow - career, knowledge, and money-wise (all-round growth). Then, very few employees would like to quit. Tweaking employment rules to avoid people availing maternity benefits and then leaving will not help. No employee will leave a company that is desirable and a happy place to work.
From India, Pune
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From India, Pune
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Policy Change Challenges and Legal Considerations
Yes, Sir. Very true. The same thing I had tried to explain to management, but they are not ready for it. They just want a change in employee policy where they should continue with the organization for at least one year after coming back from any of the said leaves. For this, they want either to hold the employee's salary or to get it in writing from employees to continue with the company.
I faced a similar problem in one of my previous companies. It was in terms of maternity leave. I was an HR Manager then. The top management, including the business heads, literally arm-twisted me to do things that were not in line with the Maternity Benefit Act. I got a legal opinion and passed it on to them and asked them for further guidance. They never reverted back. The issue was never raised again.
A similar thing happened for privilege leave. It is the duty of the management to allow annual leave. There used to be a mad rush towards the new year or during May when summer holidays for kids used to start. The management wanted me to issue a circular stating that annual leave would not be allowed during New Year or in the month of May.
I came up with an alternative suggestion. Instead of depriving the leave, I came up with a departmental leave plan for availing annual leave. Each department was provided with a chart with the names of its employees. They had to mark the days of annual leave they would avail during the year. The department head would endorse and approve the leave chart. The HOD took the responsibility, and this has become a ritual to date. A few people who reschedule their leave will have to swap those days with anyone who is willing. This has now become a good planner for employees to book their flight tickets and hotel bookings well in advance and avail all major discounts. Emergency leaves were allowed on special or critical occasions. What we found was that spinsters would hardly avail the annual leave. They saved it up to either encash it or avail it during their wedding. But trying to enforce a bond of working for a year, etc., is violative of Indian laws, and the company could attract penal provisions if the circular reaches appropriate authorities.
I would suggest you kindly get a legal opinion from a lawyer and give the opinion to the management. You can tell them that there seems to be a legal glitch, and it's better to get a legal view before issuing the circular. The management themselves will either get it or will refer you to their lawyer.
Regards,
From United+States, San+Francisco
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Yes, Sir. Very true. The same thing I had tried to explain to management, but they are not ready for it. They just want a change in employee policy where they should continue with the organization for at least one year after coming back from any of the said leaves. For this, they want either to hold the employee's salary or to get it in writing from employees to continue with the company.
I faced a similar problem in one of my previous companies. It was in terms of maternity leave. I was an HR Manager then. The top management, including the business heads, literally arm-twisted me to do things that were not in line with the Maternity Benefit Act. I got a legal opinion and passed it on to them and asked them for further guidance. They never reverted back. The issue was never raised again.
A similar thing happened for privilege leave. It is the duty of the management to allow annual leave. There used to be a mad rush towards the new year or during May when summer holidays for kids used to start. The management wanted me to issue a circular stating that annual leave would not be allowed during New Year or in the month of May.
I came up with an alternative suggestion. Instead of depriving the leave, I came up with a departmental leave plan for availing annual leave. Each department was provided with a chart with the names of its employees. They had to mark the days of annual leave they would avail during the year. The department head would endorse and approve the leave chart. The HOD took the responsibility, and this has become a ritual to date. A few people who reschedule their leave will have to swap those days with anyone who is willing. This has now become a good planner for employees to book their flight tickets and hotel bookings well in advance and avail all major discounts. Emergency leaves were allowed on special or critical occasions. What we found was that spinsters would hardly avail the annual leave. They saved it up to either encash it or avail it during their wedding. But trying to enforce a bond of working for a year, etc., is violative of Indian laws, and the company could attract penal provisions if the circular reaches appropriate authorities.
I would suggest you kindly get a legal opinion from a lawyer and give the opinion to the management. You can tell them that there seems to be a legal glitch, and it's better to get a legal view before issuing the circular. The management themselves will either get it or will refer you to their lawyer.
Regards,
From United+States, San+Francisco
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Dear Ashwini,
You may want to consider setting up a creche facility within the office premises as part of a policy decision. I believe it will help you retain your female staff even after their marriage when they see the available facility.
Thank you.
From India, Kolkata
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You may want to consider setting up a creche facility within the office premises as part of a policy decision. I believe it will help you retain your female staff even after their marriage when they see the available facility.
Thank you.
From India, Kolkata
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Cultural Evolution and Organizational Support for Women
As far as Indian culture is concerned, which is still a male-dominated culture, such types of activities are common. Now, due to Western influences and various forms of women empowerment, the culture has undergone significant changes. However, the culture still needs to evolve to provide equal decision-making power to women alongside men.
In the current scenario, as mentioned above, it is essential to conduct brainstorming sessions within the organization involving a majority of female employees. Undoubtedly, women have to take on more responsibilities post-marriage and during maternity, leading to inevitable leaves. However, these leaves can be minimized if organizations actively support women in balancing their personal and professional responsibilities. By bridging the gap between pre and post-marriage or maternity repercussions, organizations can retain female talent more effectively.
The process involves identifying the root problems, drawing insights from past experiences, analyzing them, and devising strategies to address the gaps. Seeking feedback from existing female employees can also help in formulating effective plans.
From India, Bhubaneswar
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As far as Indian culture is concerned, which is still a male-dominated culture, such types of activities are common. Now, due to Western influences and various forms of women empowerment, the culture has undergone significant changes. However, the culture still needs to evolve to provide equal decision-making power to women alongside men.
In the current scenario, as mentioned above, it is essential to conduct brainstorming sessions within the organization involving a majority of female employees. Undoubtedly, women have to take on more responsibilities post-marriage and during maternity, leading to inevitable leaves. However, these leaves can be minimized if organizations actively support women in balancing their personal and professional responsibilities. By bridging the gap between pre and post-marriage or maternity repercussions, organizations can retain female talent more effectively.
The process involves identifying the root problems, drawing insights from past experiences, analyzing them, and devising strategies to address the gaps. Seeking feedback from existing female employees can also help in formulating effective plans.
From India, Bhubaneswar
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Addressing Maternity Leave and Employee Retention
I have worked in a central PSU for more than three decades and have seen many women employees go on maternity leave, extending it thereafter by their accumulated leave or leave without pay. However, seldom did any of them resign. Times have changed, and the private and public sectors are two different stories!
Suggestion: Creche Facilities as an Incentive
My suggestion is, why not tie up with a creche in the locality where new mothers can keep their babies? As an incentive, the company may share a part of the expense. If there are three or four such ladies in the office, you may very well start a creche on the office premises under a trained person.
Regards
From India, New Delhi
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I have worked in a central PSU for more than three decades and have seen many women employees go on maternity leave, extending it thereafter by their accumulated leave or leave without pay. However, seldom did any of them resign. Times have changed, and the private and public sectors are two different stories!
Suggestion: Creche Facilities as an Incentive
My suggestion is, why not tie up with a creche in the locality where new mothers can keep their babies? As an incentive, the company may share a part of the expense. If there are three or four such ladies in the office, you may very well start a creche on the office premises under a trained person.
Regards
From India, New Delhi
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Maternity Benefits Act in India
The Maternity Benefits Act is indeed a welfare law required in India. Many companies are now trying to provide more facilities and longer leave to female employees to ensure better child care.
These two links are interesting:
- http://www.business-standard.com/art...0500936_1.html - Companies and Maternity | Business Standard Editorials
- http://blogs.economictimes.indiatime...plan-for-mums/ - Paid Maternity Leave: A Working Plan for Mums | ET Blogs
The problem area in India is the unorganized sector, which literally has no such social protection benefiting female workers.
From India, Pune
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The Maternity Benefits Act is indeed a welfare law required in India. Many companies are now trying to provide more facilities and longer leave to female employees to ensure better child care.
These two links are interesting:
- http://www.business-standard.com/art...0500936_1.html - Companies and Maternity | Business Standard Editorials
- http://blogs.economictimes.indiatime...plan-for-mums/ - Paid Maternity Leave: A Working Plan for Mums | ET Blogs
The problem area in India is the unorganized sector, which literally has no such social protection benefiting female workers.
From India, Pune
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I discovered this discussion quite late, but I have dealt with these queries for my clients, so I think I can add some value to this discussion. Some of the participants have given very good suggestions on how to improve the overall work atmosphere in your organization and make it more career-friendly. Things like tie-ups with crèches near the workplace, work-from-home options, part-time options, and lateral positions within organizations need to be explored.
Understanding Maternity Leave vs. Resignation/Exit Policy
One point that you have misunderstood is the difference between the maternity leave policy and the resignation/exit policy. The maternity policy is a welfare policy that is absolutely needed in this country and is something that you need to implement for your employees. However, if an employee is leaving the organization without fulfilling the due resignation/exit policies and procedures—in other words, without fulfilling the notice period—then it amounts to a breach of contract, and you can take necessary action against them. Leaving an organization without serving a notice period causes considerable financial losses to an organization and is a breach of contract between employee and employer. If an employee breaches this contract, then you are within your legal rights to initiate appropriate action.
Suggestions for a Robust Exit Policy
Now, what is the appropriate action? That your management can decide. So, my suggestion to you is to make a robust exit policy that protects the interests of your organization and minimizes financial losses.
Regards.
From India, Pune
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Understanding Maternity Leave vs. Resignation/Exit Policy
One point that you have misunderstood is the difference between the maternity leave policy and the resignation/exit policy. The maternity policy is a welfare policy that is absolutely needed in this country and is something that you need to implement for your employees. However, if an employee is leaving the organization without fulfilling the due resignation/exit policies and procedures—in other words, without fulfilling the notice period—then it amounts to a breach of contract, and you can take necessary action against them. Leaving an organization without serving a notice period causes considerable financial losses to an organization and is a breach of contract between employee and employer. If an employee breaches this contract, then you are within your legal rights to initiate appropriate action.
Suggestions for a Robust Exit Policy
Now, what is the appropriate action? That your management can decide. So, my suggestion to you is to make a robust exit policy that protects the interests of your organization and minimizes financial losses.
Regards.
From India, Pune
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Dear Ashwini, Further to my previous post, I would like to add something more. We all know so many policies about employee development, welfare, etc. Now, my question is, why is setting up a crèche not considered a part of the so-called welfare or employee development policy? You may find a sports room or a refreshment room in offices where there is hardly any activity, but when it comes to a crèche, people seem unable to accept it. People are more concerned about the financial losses of a company but never bothered about the loss of human resources. There are people who suggest a more stringent exit policy (again in the name of policy) but are not ready to implement the existing policy, i.e., employee welfare. I think if you really want to reduce the turnover of female staff in your organization, you need to think positively instead of being more robust. Regards
From India, Kolkata
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From India, Kolkata
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Dear Ashwini, I think some of the participants have not understood your question and some of the posts correctly, hence forming an opinion that this is a query about Employee Engagement vs. Financial health of the organization. Your query was very clear; you wanted suggestions on how your company can reduce Human Resource Loss and Financial loss arising due to a certain condition.
Some participants like Nathro and Mr. Divakar have given very good employee engagement and welfare suggestions.
Employee Engagement Activities
Employee engagement activities are an important aspect of employee welfare. They help in the overall health of the organization, and every organization must implement them effectively.
Some participants have misunderstood suggestions on reducing Human Resource Loss (Manpower loss) and Financial loss as being Anti-Employee engagement. These are two separate things. An HR has to be concerned about Employee Engagement as much as about Manpower and Financial losses to their organization. Every concerned HR has to think of ways to reduce the Manpower Loss and Financial Loss along with Employee Engagement. It is not one vs. the other.
Any suggestion that improves the Financial and HR Health of the organization need not be viewed as Anti-Employee Welfare. Hence, having a Robust Policy that could reduce manpower loss and financial loss need not mean being Anti-Employee.
So please explore all options like Work from home, part-time, lateral shifts, Crèche Facility, etc., along with having effective exit policies.
Regards
From India, Pune
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Some participants like Nathro and Mr. Divakar have given very good employee engagement and welfare suggestions.
Employee Engagement Activities
Employee engagement activities are an important aspect of employee welfare. They help in the overall health of the organization, and every organization must implement them effectively.
Some participants have misunderstood suggestions on reducing Human Resource Loss (Manpower loss) and Financial loss as being Anti-Employee engagement. These are two separate things. An HR has to be concerned about Employee Engagement as much as about Manpower and Financial losses to their organization. Every concerned HR has to think of ways to reduce the Manpower Loss and Financial Loss along with Employee Engagement. It is not one vs. the other.
Any suggestion that improves the Financial and HR Health of the organization need not be viewed as Anti-Employee Welfare. Hence, having a Robust Policy that could reduce manpower loss and financial loss need not mean being Anti-Employee.
So please explore all options like Work from home, part-time, lateral shifts, Crèche Facility, etc., along with having effective exit policies.
Regards
From India, Pune
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Grant of Maternity Benefit Leave to Women Employees Engaged under Outsourcing Policy in Haryana.pdf
Maternity Leave Policy - posting.doc