Proposal for Inclusion of Fair Workload Distribution Clause in Indian Labour Law
To:
The Secretary,
Ministry of Labour & Employment,
Shram Shakti Bhawan,
Rafi Marg, New Delhi – 110001
Email: secy-labour@nic.in

 

Subject: Proposal to Include Provisions on Workload Redistribution during Employee Leave in Indian Labour Law

Respected Sir/Madam,

I am writing to bring to your attention a critical yet under-addressed issue in the Indian workplace that affects employee well-being and fair labour practices: the unregulated redistribution of work responsibilities when a team member goes on sanctioned leave.

At present, Indian labour laws—under frameworks such as the Factories Act, 1948 and Shops and Establishments Acts—provide for paid leave and fair wages, but do not explicitly regulate how remaining team members are impacted when such leave is availed.

In many organizations across sectors, it has become an informal norm that when an employee takes sanctioned leave, their tasks are distributed among co-workers without formal approval, compensation, or support mechanisms. This results in:

- Unfair workload pressure on present employees, without overtime or compensatory benefits.
- Emotional guilt and peer pressure discouraging employees from using their rightful leave.
- Reduced productivity and burnout, impacting long-term employee morale and mental health.

In light of this, I propose the following addition to existing labour law provisions under the Shops and Establishments Act (state-wise) or as part of the Labour Code on Occupational Safety, Health and Working Conditions:

Proposed Clause for Inclusion:

“No employee shall be obligated, either formally or informally, to assume responsibilities beyond their defined scope of work due to the sanctioned leave of a fellow employee. In the event that temporary workload redistribution is required, it must be formally approved by a supervisor, communicated in writing, and supported by either compensatory time-off, bonus pay, or recognition. Furthermore, no employee availing of legally entitled leave shall be required to arrange a substitute, nor shall their right to leave be contingent upon workload management.”

This clause not only promotes mental well-being, workplace fairness, and employee dignity, but also aligns with global best practices for ethical employment.

I urge you to consider this proposal for inclusion in relevant legislation and labour policy reforms. I am also prepared to provide further input, evidence from workplaces, and employee testimonials if required.

Thank you for your time and consideration.

 

Warm regards,
Concerned Working Professionals
24-07-2025