I am working with an IT company. I am supposed to revise the leave policy and its process. Currently, we are providing 12 leaves per Financial Year and 10 other Festival and National Holidays, totaling 22 leaves in a year.
Additionally, the festival leaves include only Hindu festivals. Please suggest how I can adjust other festival leaves for other communities working at our place without increasing the number of festival leaves provided. Kindly let me know the best leave policy and processes that can be designed for the company.
From India, Salem
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1Additionally, the festival leaves include only Hindu festivals. Please suggest how I can adjust other festival leaves for other communities working at our place without increasing the number of festival leaves provided. Kindly let me know the best leave policy and processes that can be designed for the company.
From India, Salem
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Since yours is an IT company, it would come under the purview of the State's Shops and Establishments Act. As such, the State's National and Festival Holidays Act would also become automatically applicable. Since there is no indication about the exact location of your company in the post, we, as respondents, have no option other than offering our replies based on generalization only.
As per every Shops & Estt. Act, there would be a minimum of 36 days of leave comprising Casual Leave, Sick Leave, and Privilege Leave each at 12 per annum, with the stipulation that PL can be availed of after completion of one year of service only. Similarly, under the National and Festival Holidays Act, employees should be allowed 4 National Holidays and a minimum of 5 Festival Holidays every year. Since festivals have a socio-religious orientation, festival holidays should be specified by the employer in a way that avoids religious discrimination, as outlined in the Act and Rules for their initial approval and any subsequent changes. The number of leaves and holidays statutorily prescribed are minimum requirements only.
Therefore, while formulating your leave policy, you have to consider several factors such as the nature of the business of the establishment, the composition of the workforce in terms of sex, religion, etc., the actual number of working days, and similar considerations.
From India, Salem
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As per every Shops & Estt. Act, there would be a minimum of 36 days of leave comprising Casual Leave, Sick Leave, and Privilege Leave each at 12 per annum, with the stipulation that PL can be availed of after completion of one year of service only. Similarly, under the National and Festival Holidays Act, employees should be allowed 4 National Holidays and a minimum of 5 Festival Holidays every year. Since festivals have a socio-religious orientation, festival holidays should be specified by the employer in a way that avoids religious discrimination, as outlined in the Act and Rules for their initial approval and any subsequent changes. The number of leaves and holidays statutorily prescribed are minimum requirements only.
Therefore, while formulating your leave policy, you have to consider several factors such as the nature of the business of the establishment, the composition of the workforce in terms of sex, religion, etc., the actual number of working days, and similar considerations.
From India, Salem
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In the question, you have not described the working days - 5 days or 6 days per week? According to the States National and Festival Holidays Act, it would also become automatically applicable.
I can suggest you revise your policy to 12 days per year from January to December and provide leaves for festivals common for Hindus:
1. Kanuma
2. Republic Day
3. May Day
4. State Formation Day (optional)
5. Independence Day
6. Vinayaka Chaturdhi
7. Bakrid or Ramzan
8. Mahatma Gandhi Jayanthi
9. Christmas
10. Mahashivarathri
11. Ugadi
12. Sriramanavami
13. Vijayadasami
14. Deepavali
If you do not provide any of the 12 mentioned above.
From India,
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I can suggest you revise your policy to 12 days per year from January to December and provide leaves for festivals common for Hindus:
1. Kanuma
2. Republic Day
3. May Day
4. State Formation Day (optional)
5. Independence Day
6. Vinayaka Chaturdhi
7. Bakrid or Ramzan
8. Mahatma Gandhi Jayanthi
9. Christmas
10. Mahashivarathri
11. Ugadi
12. Sriramanavami
13. Vijayadasami
14. Deepavali
If you do not provide any of the 12 mentioned above.
From India,
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Hi Friends,
At the time of separation of employees, as per the Shops and Establishment Act provisions, what should be the salary payable for the balance of leave at credit of the employee on the date of separation? Is this to be calculated on the full salary consisting of basic, HRA, conveyance, and other allowances or only the basic pay component has to be computed? There are different views by different companies. Which is correct as per the act? Thanks.
From India, Madras
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At the time of separation of employees, as per the Shops and Establishment Act provisions, what should be the salary payable for the balance of leave at credit of the employee on the date of separation? Is this to be calculated on the full salary consisting of basic, HRA, conveyance, and other allowances or only the basic pay component has to be computed? There are different views by different companies. Which is correct as per the act? Thanks.
From India, Madras
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Dear Kanika,
Hello,
As you mentioned that only Hindu Festivals result in a total of 22 leaves, I would suggest introducing a special leave quota for the following examples: Chitragupta Puja, Rakshabandhan, Id, Bakrid, Krishna Janmastami, Christmas, Makar Sankranti, etc.
These holidays are sometimes designated as public holidays and sometimes not. Individuals belonging to these communities could avail of a one-day special leave for these occasions. This leave quota would be valid from January to December, and if not utilized, it would expire.
Please consider if this proposal could work for you.
Regards,
Tushar Singh
From India, Delhi
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Hello,
As you mentioned that only Hindu Festivals result in a total of 22 leaves, I would suggest introducing a special leave quota for the following examples: Chitragupta Puja, Rakshabandhan, Id, Bakrid, Krishna Janmastami, Christmas, Makar Sankranti, etc.
These holidays are sometimes designated as public holidays and sometimes not. Individuals belonging to these communities could avail of a one-day special leave for these occasions. This leave quota would be valid from January to December, and if not utilized, it would expire.
Please consider if this proposal could work for you.
Regards,
Tushar Singh
From India, Delhi
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Dear Anonymous,
The leave policy of any establishment in India depends on its location. It would not be wise to comment on the exact status until its location is disclosed, as different states have different rules for it.
Regards
From India
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The leave policy of any establishment in India depends on its location. It would not be wise to comment on the exact status until its location is disclosed, as different states have different rules for it.
Regards
From India
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Hi Kanika, 26.9.15
Thank you for your query in CiteHR reg. Festival Holidays.
For Continuous Processing Plants/Estt. for uninterrupted Works, you may
Provide 2 Optional Holidays with proposed National & Festival Holidays so that different Community people can take/avail Holiday on their Religious day without your increasing declared holidays. This will also help you to have Min.MP to man Essential Services like Prodn.,Elec, HR etc., as most employees will not observe all Festivals on one date & so, when one set of employees from one Community avail Holidays, the other set will work and vise-versa. Thus, Min. MP can be ensured by adjusting MP to suit shift needs & avoid OT or stop work due to Holidays.
HR has to frame the Leave Rules keeping the interest of the Co. as also its employees.
I have framed the COMBINED Rules governing
all types of LEAVES,
Rules for Earning W/O,
SHORT & LONG LEAVE RULES,
Extra Work - Co-Off Rules, Co-Off Application & Register
Reduction of Leave due to Absenteeism,
L.W.O.P.,
M.B. Rules,
P.L. Encashment + Appn.for Encashment-Forms+ Registers.
Leave Administration/ Management is an important HR function and a ticklish job not only for those who frame the Leave Rules but also for the HR Staff who have to administer them in their day to day works as they come into conflict with the employees when Leave Rule is not clearly spelt out. Each Co. Management frame the Rules to suite its Business needs & it varies from Co. to Co.,
However, it has to be Drafted/Framed within the scope of Rules framed under Factories / S&CE Acts.
Most employees try to save Leave (& they must save since that is what they’ll get - un-availed Leave as Encashment when they leave the Services). Same way; Company also want employee to exhaust the Leave to reduce Company’s burden/liability for Encashment when employee leaves the Service.
As the Urgency to take leave cannot be predicted, some employees will go in the middle of the week (say from Friday & return on Wednesday) as against a Planned Leave ( from Monday to Saturday) to save pre-fixing & suffixing Sunday/Holiday/Weekly Off. When the employee suddenly go due to urgency (in the middle of the week) & returns after 4-5 days, How to adjust the Intervening W/O. to save his W/O ?
SHORT LEAVE & LONG LEAVE Policy
HR can frame SHORT LEAVE & LONG LEAVE Policy so that needy employees will not lose his W/O in such critical time.
Only when LONG LEAVE is taken (Planned Leave), Intervening W/O will count.
Similarly, providing 2 Optional Holidays in the Holiday List for 2015 will help both Co. & its employees.
We have already Filed/Declared Holiday List with Factory Inspector, L.C., & Notice Board and we also have Rules to give W/Off as per Factories /Shops&Estt. Act. We also have Rules of Minimum days to work/(apply Leave With Pay) in a week to entitle an employee for W/Off. We should have SHORT & LONG Leave Rules Policies so that the employee’s grievance of losing W/O due to taking Short leave in the middle of the week will not happen and HR will not be blamed for not framing proper Leave Rules.
Today, HR Dept. is becoming a target for Not framing / not implementing Progressive Leave Rules; although Leave Rules are available to take care of both Employee’s interest as also that of the Company.
I can assist in framing of all the Rules & Policies. I have served over 30 yrs in HR,IR,LEGAL&Admn. Works of 6 Mfg.Cos. and dealt with all situations, ISO Certifications, Consultants Works etc.,
I request you to provide me some details of the Company like Co’s. Name, Location, Your Mob.No., Email ID, HR Dept.,staff, total employees strength, Products Mfd., etc., so that I can offer HR Consultancy.
Please provide your Email ID to send Consultancy proposal with all Policies to set up HR Dept., Frame SO, Leave Rules etc.,
Thanks.
, Ph: 9535470460 ---- 26.9.15
HR Consultant & Advocate, Ex- AGM (HR&A),
# Rahaman Bldg., Chikkamaranahalli, Devasandra, BANGALURU, Karnataka, S.India. /
#.FS 478, Dr.Ambedkar High School, CM Lay Out , HIRIYUR
Mobile No. 9535470460 Email:
Email:
, Qualification: BA,LLB, PGDPM, (MBA-HR),
Ex-Member, NIPM, Calcutta, Ex- Trainee-Member, Indian Institute of Management, B;lore.
Languages Known: All South Indian Languages + English & Hindi
From India, Bangalore
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Thank you for your query in CiteHR reg. Festival Holidays.
For Continuous Processing Plants/Estt. for uninterrupted Works, you may
Provide 2 Optional Holidays with proposed National & Festival Holidays so that different Community people can take/avail Holiday on their Religious day without your increasing declared holidays. This will also help you to have Min.MP to man Essential Services like Prodn.,Elec, HR etc., as most employees will not observe all Festivals on one date & so, when one set of employees from one Community avail Holidays, the other set will work and vise-versa. Thus, Min. MP can be ensured by adjusting MP to suit shift needs & avoid OT or stop work due to Holidays.
HR has to frame the Leave Rules keeping the interest of the Co. as also its employees.
I have framed the COMBINED Rules governing
all types of LEAVES,
Rules for Earning W/O,
SHORT & LONG LEAVE RULES,
Extra Work - Co-Off Rules, Co-Off Application & Register
Reduction of Leave due to Absenteeism,
L.W.O.P.,
M.B. Rules,
P.L. Encashment + Appn.for Encashment-Forms+ Registers.
Leave Administration/ Management is an important HR function and a ticklish job not only for those who frame the Leave Rules but also for the HR Staff who have to administer them in their day to day works as they come into conflict with the employees when Leave Rule is not clearly spelt out. Each Co. Management frame the Rules to suite its Business needs & it varies from Co. to Co.,
However, it has to be Drafted/Framed within the scope of Rules framed under Factories / S&CE Acts.
Most employees try to save Leave (& they must save since that is what they’ll get - un-availed Leave as Encashment when they leave the Services). Same way; Company also want employee to exhaust the Leave to reduce Company’s burden/liability for Encashment when employee leaves the Service.
As the Urgency to take leave cannot be predicted, some employees will go in the middle of the week (say from Friday & return on Wednesday) as against a Planned Leave ( from Monday to Saturday) to save pre-fixing & suffixing Sunday/Holiday/Weekly Off. When the employee suddenly go due to urgency (in the middle of the week) & returns after 4-5 days, How to adjust the Intervening W/O. to save his W/O ?
SHORT LEAVE & LONG LEAVE Policy
HR can frame SHORT LEAVE & LONG LEAVE Policy so that needy employees will not lose his W/O in such critical time.
Only when LONG LEAVE is taken (Planned Leave), Intervening W/O will count.
Similarly, providing 2 Optional Holidays in the Holiday List for 2015 will help both Co. & its employees.
We have already Filed/Declared Holiday List with Factory Inspector, L.C., & Notice Board and we also have Rules to give W/Off as per Factories /Shops&Estt. Act. We also have Rules of Minimum days to work/(apply Leave With Pay) in a week to entitle an employee for W/Off. We should have SHORT & LONG Leave Rules Policies so that the employee’s grievance of losing W/O due to taking Short leave in the middle of the week will not happen and HR will not be blamed for not framing proper Leave Rules.
Today, HR Dept. is becoming a target for Not framing / not implementing Progressive Leave Rules; although Leave Rules are available to take care of both Employee’s interest as also that of the Company.
I can assist in framing of all the Rules & Policies. I have served over 30 yrs in HR,IR,LEGAL&Admn. Works of 6 Mfg.Cos. and dealt with all situations, ISO Certifications, Consultants Works etc.,
I request you to provide me some details of the Company like Co’s. Name, Location, Your Mob.No., Email ID, HR Dept.,staff, total employees strength, Products Mfd., etc., so that I can offer HR Consultancy.
Please provide your Email ID to send Consultancy proposal with all Policies to set up HR Dept., Frame SO, Leave Rules etc.,
Thanks.
HR Consultant & Advocate, Ex- AGM (HR&A),
# Rahaman Bldg., Chikkamaranahalli, Devasandra, BANGALURU, Karnataka, S.India. /
#.FS 478, Dr.Ambedkar High School, CM Lay Out , HIRIYUR
Mobile No. 9535470460 Email:
Email:
Ex-Member, NIPM, Calcutta, Ex- Trainee-Member, Indian Institute of Management, B;lore.
Languages Known: All South Indian Languages + English & Hindi
From India, Bangalore
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Any company or organization has to formulate its own leave rules/policies as per the relevant Act and rules under which such company or organization was established. As far as government companies or organizations are concerned, there would be systematic leave policies, i.e., Casual leave per year, Sick leave per year, Earned Leave, or privileged leave. As your company is an IT Company, naturally, casual leaves would be 12 per year. Regarding the remaining leave, your company has to formulate the leave policy based upon the Organizational Behavior and Management magnanimity. Employee welfare is to be taken care of. If your company is liberal towards the employees, besides casual leave, you can formulate your other leaves such as Sick leave, Earned Leave, and Maternity leave for female employees. Labor Acts and Shops and Establishment Acts are clear about the facilities to be given to the employees concerning the leaves, among others.
From Canada, Calgary
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From Canada, Calgary
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Sirs,
Kindly clarify the following two situations for an office in TN:
1. Oct 3 & 4 are weekly off days. If a person avails casual leave on Oct 1 (Friday), do we include the off days?
2. Oct 3 & 4 are weekly off days. If a person avails PL from 28th Sep to 1st Oct, do we include the national holiday (2) and the weekly off days (3 & 4).
Thanks
From India, Chennai
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Kindly clarify the following two situations for an office in TN:
1. Oct 3 & 4 are weekly off days. If a person avails casual leave on Oct 1 (Friday), do we include the off days?
2. Oct 3 & 4 are weekly off days. If a person avails PL from 28th Sep to 1st Oct, do we include the national holiday (2) and the weekly off days (3 & 4).
Thanks
From India, Chennai
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Dear friend,
The number of days spent on authorized leave has to be treated as duty only. Prefixing and/or suffixing holidays to the single spell of leave is subject to the discretion of the sanctioning authority based on exigencies of work. Based on the above proposition, yes is the answer to your query numbers (1) and (2). However, combining of casual leave with weekly off days and national and festival holidays can be restricted to a certain limit as followed in government departments.
From India, Salem
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The number of days spent on authorized leave has to be treated as duty only. Prefixing and/or suffixing holidays to the single spell of leave is subject to the discretion of the sanctioning authority based on exigencies of work. Based on the above proposition, yes is the answer to your query numbers (1) and (2). However, combining of casual leave with weekly off days and national and festival holidays can be restricted to a certain limit as followed in government departments.
From India, Salem
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Hi Tushar,
Thank you! This can be useful, but we work for 6 days a week. The number of employees from other religions (besides Hindu) is very minimal. How can I provide this benefit to them in a special quota? The office will not be opened for 4-5 employees on a holiday to make them compensate for the leaves taken by them for their festival. Please guide on how it can be managed in such a scenario.
From India, Salem
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Thank you! This can be useful, but we work for 6 days a week. The number of employees from other religions (besides Hindu) is very minimal. How can I provide this benefit to them in a special quota? The office will not be opened for 4-5 employees on a holiday to make them compensate for the leaves taken by them for their festival. Please guide on how it can be managed in such a scenario.
From India, Salem
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Leave Policy.doc