What happens when a worker has taken more leave than their annual leave ? as per labour law india
From India, Mumbai
From India, Mumbai
Dear Yash2013,
Firstly I will say worker cannot "take" leave unless it is allowed. If a worker has asked for a leave for a certain says, then depending upon the necessity of the company, and also the reason stated in the leave application by worker, the management has to decide whether to grant or reject or partially grant his leave for a certain period. However, in case, there is no balance of earned leave, or it is short of the leave asked for, the worker will loose his pay for the short of balance of leave.
You will find leave sanction/rejection procedure in the Model Standing orders prescribed under Industrial Employment Standing Orders Act or in the Certified Standing Orders, in case you have them.
From India, Kolhapur
241Firstly I will say worker cannot "take" leave unless it is allowed. If a worker has asked for a leave for a certain says, then depending upon the necessity of the company, and also the reason stated in the leave application by worker, the management has to decide whether to grant or reject or partially grant his leave for a certain period. However, in case, there is no balance of earned leave, or it is short of the leave asked for, the worker will loose his pay for the short of balance of leave.
You will find leave sanction/rejection procedure in the Model Standing orders prescribed under Industrial Employment Standing Orders Act or in the Certified Standing Orders, in case you have them.
From India, Kolhapur
Apart from what Mr. Kulkarni has stated, if the worker has not reported to duty after the expiry of the leave, you can send the letter asking him to report immediately to the company failure to do so will be treated as absconding, send 3 reminders and terminate if not reporting evenafter
From India, Ahmadabad
From India, Ahmadabad
Dear Yash,
Apart from the above suggestions, i would like to add
1) Check whether all the leaves the employee in question utilised, are approved.
2) If approved, that means he / she is allowed to take them. Check with the concerned approving authority how they did it when no leaves are in balance, whether additional leaves are leave without pay or adjusted against the new set of leaves which will be added in from Jan 2014. If adjusted, then HR / Time office should have been a part of this decision.
3) If all additional leaves are without pay, no need to worry.
4) If this employee is absconding / absent take disciplinary action appropriately.
Regards,
Suresh
From India, Pune
Apart from the above suggestions, i would like to add
1) Check whether all the leaves the employee in question utilised, are approved.
2) If approved, that means he / she is allowed to take them. Check with the concerned approving authority how they did it when no leaves are in balance, whether additional leaves are leave without pay or adjusted against the new set of leaves which will be added in from Jan 2014. If adjusted, then HR / Time office should have been a part of this decision.
3) If all additional leaves are without pay, no need to worry.
4) If this employee is absconding / absent take disciplinary action appropriately.
Regards,
Suresh
From India, Pune
Hi Mr.Yash,
AS per labour act says he can avail the as per statutory thing until unless if manager will grant. if he availed all the leaves again he is troubling the leaves ask him put loss of pay ( if his cos is genuine ), other wise to issue a notice for his irregular.
cheers,
Hari
From India, Mumbai
AS per labour act says he can avail the as per statutory thing until unless if manager will grant. if he availed all the leaves again he is troubling the leaves ask him put loss of pay ( if his cos is genuine ), other wise to issue a notice for his irregular.
cheers,
Hari
From India, Mumbai
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