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?
From India, Mumbai
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498The 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?
From India, Mumbai
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Hi, Really absurd. Employees can approach Labour Inspector of their juridiction and register a complaint.
From India, Madras
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From India, Madras
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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?
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
From India, Bangalore
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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?
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
From India, Bangalore
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Please clarify is this is an actual situation in YOUR organisation, or is it an assignment question for a college course.
From Australia, Melbourne
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From Australia, Melbourne
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It depends on the company which system they follow. Some follow the salary including the eligible weekly off. Some follow the working days in a week, and others festival holidays approved by the company.
Many companies have a policy that remaining absent without prior notice or approval to avail the 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.
Here there should be an Operations Head who is being consulted to implement this after consultation with employees. Because the pre-on and post-on weekend and festive could be allowed to an employee no of times in a year. Because you have to run the business at the same time staff welfare is also important. I have seen Bank Managers avail this kind of holidays most of the time and go to their native.
So don't think that HR is a make and break people. You too are an employee so keep the relationship after getting the opinion of the staff.
From Saudi Arabia
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Many companies have a policy that remaining absent without prior notice or approval to avail the 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.
Here there should be an Operations Head who is being consulted to implement this after consultation with employees. Because the pre-on and post-on weekend and festive could be allowed to an employee no of times in a year. Because you have to run the business at the same time staff welfare is also important. I have seen Bank Managers avail this kind of holidays most of the time and go to their native.
So don't think that HR is a make and break people. You too are an employee so keep the relationship after getting the opinion of the staff.
From Saudi Arabia
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Leave Policy.doc