Vijay (cyber celll) 11 January 2013

Legal to deduct leaves for holidays

My company policy for leaves

1) If i take leave for friday and monday,even though sat sun are holidays ,they will deduct leaves

2) even for publich holidays e.g gandhi jayanti ,if we take leaves attached to it,they it will be counted as leave

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Kumar Doab (FIN) 11 January 2013

Company should have all policies including on leave as a published document and should circulate to all employees.

If it is a factory then you may look into Factory Act and if it is a commercial Establishment you may look into SE Act applicable to your state.Accordingly the company might/might not be following prefix and suffix option. Both may be available on Dept. of Labor Website of your state or you can buy from market.

Company must have displayed its registration certificate near reception/gate/or on notice board.

If company has not circulated its published leave policy and Head-HR is not supplying it to you despite your written demands, demand it from good offices in the form of certified copy of printed publication of its leave policy.

Request the good offices to let you know in writing why it counts holiday/off day/national holiday falling in themed of leave period in the leave period in case of all kind of leave including sick leave, casual leave, earned leave etc? Let the company reply to you in writing.

You can also check with Inspector under SE Act of your state, whose contact details would be available at the Dept. of Labor Website of your state: SE Inspectorate link.

Valuable advice of learned experts/members is sought.

Vijay (cyber celll) 12 January 2013

thanks

suppose company mentions such policy ,will it be accepeted ?

My company is software company

Kumar Doab (FIN) 13 January 2013

You have posted that:

--“My company is software company”

Refer to SE Act of your State.

e.g. SE Act Delhi:

8. EMPLOYMENT OF ADULTOS, HURS OF WORK.

Employment of adults, hours of work.—No adult shall be employed or allowed to work about the business of an establishment for more than nine hours on any day or 48 hours in any week and the occupier shall fix the daily periods of work accordingly

Explanation.—For the purpose of calculating the normal hourly wage the day shall be reckoned as consisting of eight hours.

22. LEAVE.

23. WAGES DURING LEAVE

33. Records.

(2) The occupier of any shop or establishment, about the business of which persons are employed, shall in the prescribed form and in the prescribed manner keep a record of the hours worked and the amount of leave taken by, and of the intervals allowed for rest and meals to every person employed about the business of the shop or establishment, and particulars of all the employment overtime shall be separately entered in the record.

The state of Karnataka has ended the blanket exemption granted to IT companies from the provisions of IESO Act {you may check for your state}. All companies should frame their standing orders and get these certified in 6 months. Till then model standing orders should apply.

Standing orders describe leave rules.

Employee’s representative/union participates in discussion/negotiation, including on leaves/holidays.

IT employees union can guide you well.

The Inspector under SE act can also guide you. The contact details must be available on Dept of labor/SE Inspectorate web site of your state.

IT/BPO Voice of India | Facebook

UNITES Professionals

https://www.unitespro.org/

The Indian Headquarters at Bangalore

Prithviraj Lekkad - President, UNITES Professionals India
Karthik Shekhar - General Secretary, UNITES Professionals India
#6/2, 1st Main, Next to Kodava Samaj, Vasanthnagar, Bangalore - 560 052
Phone: + 91 - 80 - 2235 5959 . 4123 5499
Email: contact@unitespro.org / unitesprofessionals@gmail.com

For national holidays and Festivals refer to Central Govt. Act e.g. Republic Day (January 26), Independence Day (August 15) and Gandhi Jayanti (October 2)

--“suppose company mentions such policy ,will it be accepeted ?”

Mentioning a policy is one thing referring to a published policy and supplying the policy is another thing.

The policy should be clear and kept in knowledge domain of employee and should be supplied to the employee who demands a certified/published copy. Thus employee shall know judgment before the event and shall not have a grudge that judgment was passed after the event.

The policies of the company should be logical in line with rules, law of the land…and must subscribe to natural justice and employer should be in position to explain the logic.

Gossip and rumor can not be rules.

The employer should behave as a street magician who would produce something from thin air.

{If the policy is not suitable employee may take sanctioned leave two days before week end and two days shall be counted.}

Right now your company might be having leave policies like:

CL in one stretch can not be for more than three days.

In case of EL/PL intervening off days/holidays is not part of leave period. Min. EL/PL shall be of four days and max. 3 times in a year.

Prefix and Suffix are part of leave.

Leave should have prior sanction. Any leave that is not sanctioned shall not form part of paid leave and shall be LWP and/or disciplinary action can also be taken.

In case of intervening holidays/off days the off days should also be mentioned in leave period in leave application or LWP shall be marked.

However the employer or concerned HR personnel should supply you the certified copy of the published policy.

Valuable advice of learned experts/members is sought.

Attached File : 198300430 model%20standing%20orders.doc, 198300430 delhi shops & establishments act, 1954.pdf, 198300430 karntaka now applicability%20of%20standing%20order%20to%20it%20industries.doc downloaded: 256 times