It is common practice that people with different T&C of service are entitled to different days of leave.You have people governed by Standing Orders;people governed under Conduct, Discipline & Appeal Rules and other Service Rules.Their working hours,Closed Holidays and remunerations are different.
To bring all the employees under same leave rules,you have to change their remunerations and working hours etc.Thank you.
From India, Bokaro
45To bring all the employees under same leave rules,you have to change their remunerations and working hours etc.Thank you.
From India, Bokaro
Dear all,
It is called earned leave and not gifted by your company to any one. Earned means ...... an employee earning the leave from his practical previous working days which will be credited on his account every year. This should be calculated on his physical attendance / working days, leaving any holidays including Sundays. For example on an average if the employee works more than 240 days he is eligible for earned leave ( leaving Sundays 52, and his CL 10 days if he he utlised and also less his other leave of absence which includes EL, ML and LOP,etc.,
Here is the Factories Act Rules on earned leave : And no company put its hand on this..... Rule is Rule.... more than this leave Company Management can give consideration if any employee gone on leave more than the limit. But The Company cannot declare that one employee gets 25 days EL and another employee 15 days or 20 or so..... If one employee goes to labour court the company may escape and the HR Manager will be in soup..... be carefulll...
...
79. Annual leave with wages
(1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of :-
if an adult, one day for every twenty days of work performed by him during the previous calendar year ;
if a child, one day for every fifteen days of work performed by him during the previous calendar year.
Explanation1: For the purposes of this sub-section :-
any days of lay-off; by agreement or contract or as permissible under the standing orders;
in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and
the leave earned in the year prior to that in which the leave is enjoyed; shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.
Explanation 2: The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.
(2) A worker whose service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate laid in clause (i) or, as the case may be, clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calendar year.
26[(3) If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service,during the course of the calendar year, he or his heir or nominee, as the case may be,shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before the discharge, dismissal, quitting of employment, superannuating or death calculated at the rates specified in sub-section (1),even if he had not worked for the entire period specified i sub- section(1) or sub-section(2) making him eligible to avail of such leave, and such payment shall be made-
where the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal or quitting; and
where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuating or death.]
(4) In calculating leave under this section, fraction of leave of half a day or more shall be treated as one full day's leave and fraction of less than a half a day shall be omitted.
(5) If a worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2),as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year :
Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child :
Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub- sections (8) and (9) 27[or in contravention of sub-section (10)] shall be entitled to carry 2 forward the 28[leave refused] without any limit.
(6) A worker may at any time apply in writing to the manager of a factory not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year :
Provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to begin, if he is employed in a public utility service as defined in clause (n) of section 2 of the Industrial Disputes Act, 1947 (XIV of 1947) :
Provided further that the number of times in which leave may be taken during any year shall not exceed three.
(7) If a worker wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in sub-section (6); and in such a case wages as admissible under section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty days from the date of the application for leave.
(8) For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputed Act, 1947 (XIV of 1947), or a similar Committee under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with Chief Inspector a scheme in writing whereby the grant of the leave allowable under this section may be regulated.
(9) A scheme lodged under sub-section (8) shall be displayed at some conspicuous and convenient places in the factory and shall be in force for a period of twelve months from the date on which it comes into force, and may thereafter be renewed with or without modification for a further period of twelve months at a time, by the manager in agreement with the Works Committee or a similar Committee, or as the case may be,in agreement with the representatives of the workers as specified in sub-section (8), and a notice of renewal shall be sent to the Chief Inspector before it is renewed.
(10) An application for leave which does not contravene the provisions of sub-section (6) shall not be refused, unless refusal is in accordance with the scheme for the time being in operation under sub-sections (8) and (9).
(11) If the employment of a worker who is entitled to leave under sub-section(1) or sub-section (2), as the case may be, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment before he has taken the leave, the occupier of the factory shall pay him the amount payable under section 80 in respect of the leave not taken,and such payment shall be made, where the employment of the worker is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker who quits his employment, on or before the next pay day.
(12) The unavailed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.
From India, Bangalore
It is called earned leave and not gifted by your company to any one. Earned means ...... an employee earning the leave from his practical previous working days which will be credited on his account every year. This should be calculated on his physical attendance / working days, leaving any holidays including Sundays. For example on an average if the employee works more than 240 days he is eligible for earned leave ( leaving Sundays 52, and his CL 10 days if he he utlised and also less his other leave of absence which includes EL, ML and LOP,etc.,
Here is the Factories Act Rules on earned leave : And no company put its hand on this..... Rule is Rule.... more than this leave Company Management can give consideration if any employee gone on leave more than the limit. But The Company cannot declare that one employee gets 25 days EL and another employee 15 days or 20 or so..... If one employee goes to labour court the company may escape and the HR Manager will be in soup..... be carefulll...
...
79. Annual leave with wages
(1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of :-
if an adult, one day for every twenty days of work performed by him during the previous calendar year ;
if a child, one day for every fifteen days of work performed by him during the previous calendar year.
Explanation1: For the purposes of this sub-section :-
any days of lay-off; by agreement or contract or as permissible under the standing orders;
in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and
the leave earned in the year prior to that in which the leave is enjoyed; shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.
Explanation 2: The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.
(2) A worker whose service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate laid in clause (i) or, as the case may be, clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calendar year.
26[(3) If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service,during the course of the calendar year, he or his heir or nominee, as the case may be,shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before the discharge, dismissal, quitting of employment, superannuating or death calculated at the rates specified in sub-section (1),even if he had not worked for the entire period specified i sub- section(1) or sub-section(2) making him eligible to avail of such leave, and such payment shall be made-
where the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal or quitting; and
where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuating or death.]
(4) In calculating leave under this section, fraction of leave of half a day or more shall be treated as one full day's leave and fraction of less than a half a day shall be omitted.
(5) If a worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2),as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year :
Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child :
Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub- sections (8) and (9) 27[or in contravention of sub-section (10)] shall be entitled to carry 2 forward the 28[leave refused] without any limit.
(6) A worker may at any time apply in writing to the manager of a factory not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year :
Provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to begin, if he is employed in a public utility service as defined in clause (n) of section 2 of the Industrial Disputes Act, 1947 (XIV of 1947) :
Provided further that the number of times in which leave may be taken during any year shall not exceed three.
(7) If a worker wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in sub-section (6); and in such a case wages as admissible under section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty days from the date of the application for leave.
(8) For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputed Act, 1947 (XIV of 1947), or a similar Committee under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with Chief Inspector a scheme in writing whereby the grant of the leave allowable under this section may be regulated.
(9) A scheme lodged under sub-section (8) shall be displayed at some conspicuous and convenient places in the factory and shall be in force for a period of twelve months from the date on which it comes into force, and may thereafter be renewed with or without modification for a further period of twelve months at a time, by the manager in agreement with the Works Committee or a similar Committee, or as the case may be,in agreement with the representatives of the workers as specified in sub-section (8), and a notice of renewal shall be sent to the Chief Inspector before it is renewed.
(10) An application for leave which does not contravene the provisions of sub-section (6) shall not be refused, unless refusal is in accordance with the scheme for the time being in operation under sub-sections (8) and (9).
(11) If the employment of a worker who is entitled to leave under sub-section(1) or sub-section (2), as the case may be, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment before he has taken the leave, the occupier of the factory shall pay him the amount payable under section 80 in respect of the leave not taken,and such payment shall be made, where the employment of the worker is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker who quits his employment, on or before the next pay day.
(12) The unavailed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.
From India, Bangalore
Dear Vishal,
1. you can not change T&C of appointment letter without valid reason or with the consent of said person. it would be illegal and unfair practice.
2. formulate and introduce new leave policy with different category.
3. i m enclosing herewith leave policy for your reference
From India, New Delhi
1. you can not change T&C of appointment letter without valid reason or with the consent of said person. it would be illegal and unfair practice.
2. formulate and introduce new leave policy with different category.
3. i m enclosing herewith leave policy for your reference
From India, New Delhi
Mr. Satya,
As far as I feel, minimum PLs as defined under law should be imparted by the company. in case management is granting more than those leaves and wants to shorten the same now, would depend on management discretion but cannot reduce less than law defined PL. As suggested by Mr. Vinod, they may be compensated on humanitarian grounds but not necessarily.
Further comments are welcomed. ..
From India, Delhi
As far as I feel, minimum PLs as defined under law should be imparted by the company. in case management is granting more than those leaves and wants to shorten the same now, would depend on management discretion but cannot reduce less than law defined PL. As suggested by Mr. Vinod, they may be compensated on humanitarian grounds but not necessarily.
Further comments are welcomed. ..
From India, Delhi
Vinod's solution is appreciated. However your object is to bring uniformity in service conditions relating to leave among all employees.If you implement the solution, You are reducing leave on one hand but compensating them by paying them proportinately every year, thus retaining distinction between the two classes of employees in other form.This increase in salary may have cascading effect on P.F,ESI contributions,on gratuity and bonus as well as leave encashment and thus in the long run, the benefit quotient of these employees, may be far ahead of those who have lesser leave.This is not in real terms uniformity.Iam not going into legality of reduction of one's leave arbitrarily,given the limited details.If such unilateral reduction is permissible, and for the sake of harmony, you can grant such pay increase as exgartia for one year and therafter withdraw it so that the extra benefit in the form of pay increase will not be recurring every year.
B.Saikumar
HR & labour Law Advisor
Mumbai
From India, Mumbai
B.Saikumar
HR & labour Law Advisor
Mumbai
From India, Mumbai
Top Management has full rights to view and implement the policies. Not necessarily all policies shall be standardized for all categories of employees. As the responsibility increases facilities may also increase depending upon the situation. Also much depends on the attitude of Top Management.
Some companies give five days working to their Office staff and six days working to factory employees with eight hour daily working.
Some give twice of wages against overtime to one category of employees, compensatory-off to others and no extra benefit to executive category of employees.
Some give minimum of wages as per act and some are liberal on wages.
There is no comparison on above issues.
HR executives should think in broader lines to lure people to work in their companies, their employees shall not quit on minor issues, employees should think for the company benefits/ productivity. Employees should feel proud of their company & their policies.
As an HR executive, if one category is getting less, feel proud to increase the benefits to get the praise of all employees, but only after getting approval of Top Management. To cut the benefits of any category is not going to make their employees happy.
From India, Delhi
Some companies give five days working to their Office staff and six days working to factory employees with eight hour daily working.
Some give twice of wages against overtime to one category of employees, compensatory-off to others and no extra benefit to executive category of employees.
Some give minimum of wages as per act and some are liberal on wages.
There is no comparison on above issues.
HR executives should think in broader lines to lure people to work in their companies, their employees shall not quit on minor issues, employees should think for the company benefits/ productivity. Employees should feel proud of their company & their policies.
As an HR executive, if one category is getting less, feel proud to increase the benefits to get the praise of all employees, but only after getting approval of Top Management. To cut the benefits of any category is not going to make their employees happy.
From India, Delhi
The better option seems to be what Mr.Mathur suggested i.e by bringing the leave entitlement of those with lesser leave on par with those with higher leave entitlement. B.Saikumar Mumbai
From India, Mumbai
From India, Mumbai
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