Hi,
I wish to know, are only employees on payroll entitled to leave benefits? I have a friend who has joined a company as an associate where she is expected to work full-time just like a regular employee but is not entitled to take any leaves. Is that appropriate?
From India, Mumbai
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3I wish to know, are only employees on payroll entitled to leave benefits? I have a friend who has joined a company as an associate where she is expected to work full-time just like a regular employee but is not entitled to take any leaves. Is that appropriate?
From India, Mumbai
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Dear Namrata,
You have not mentioned whether your friend is a contractual (outsourced) employee. Denial of leave is illegal for any employee, whether regular or contractual. The principal employer is responsible to ensure that the labor laws are implemented in earnest, notwithstanding the status of the employees.
Possibly, your friend is a contractual employee. It is possible that the employer, while making a contract with the manpower contractor, did not make provisions for additional manpower to cover for employee absences due to sickness or authorized leave. Now, they are depriving employees of their basic rights.
Please advise your friend to speak with HR. However, if your friend decides to take a confrontational approach, he/she could be terminated with just a day's notice. Is your friend prepared for this?
If your friend is not overly concerned about his/her employment, he/she may approach the labor officer of the area and explain the problem. However, this should not be done without first consulting HR.
Every other day, we encounter strange problems regarding the violation of labor laws on this forum. If what you have written is true, then kudos to the compliance of that company's HR.
Just recently, I provided a detailed response to a similar post. You may click the following link to understand why this situation is occurring:
https://www.citehr.com/423107-soft-s...ml#post1915976
Ok...
Dinesh V Divekar
From India, Bangalore
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You have not mentioned whether your friend is a contractual (outsourced) employee. Denial of leave is illegal for any employee, whether regular or contractual. The principal employer is responsible to ensure that the labor laws are implemented in earnest, notwithstanding the status of the employees.
Possibly, your friend is a contractual employee. It is possible that the employer, while making a contract with the manpower contractor, did not make provisions for additional manpower to cover for employee absences due to sickness or authorized leave. Now, they are depriving employees of their basic rights.
Please advise your friend to speak with HR. However, if your friend decides to take a confrontational approach, he/she could be terminated with just a day's notice. Is your friend prepared for this?
If your friend is not overly concerned about his/her employment, he/she may approach the labor officer of the area and explain the problem. However, this should not be done without first consulting HR.
Every other day, we encounter strange problems regarding the violation of labor laws on this forum. If what you have written is true, then kudos to the compliance of that company's HR.
Just recently, I provided a detailed response to a similar post. You may click the following link to understand why this situation is occurring:
https://www.citehr.com/423107-soft-s...ml#post1915976
Ok...
Dinesh V Divekar
From India, Bangalore
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Thank you so much, Dinesh. Yes, it is definitely a violation of the law. She is not outsourced for employment; in fact, she was not even told that she does not come under the company headcount until she joined them. The appointment letter stated her designation to be an 'Associate Copy Editor,' but nowhere did they mention that she is just an associate, which does not come under the company headcount.
I am an HR professional myself, and it's shocking. So, I thought of sharing this on the forum and understanding whether something like this is practiced in other places as well.
Regards, Namrata Karnik
From India, Mumbai
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I am an HR professional myself, and it's shocking. So, I thought of sharing this on the forum and understanding whether something like this is practiced in other places as well.
Regards, Namrata Karnik
From India, Mumbai
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If your friend has received the appointment letter with the designation "whatever," which implies she has not been outsourced but appointed, then she is very much entitled to all such leaves as per the act. She can also avail all the facilities as per the other employees of that company as laid down in the policy. It's advisable to let her complete her probation and 240 days to avail of the earned leave. She can take casual leave/sick leave as and when required, even if she is on a contractual basis.
From India, Ahmadabad
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From India, Ahmadabad
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