The leave rules are a violation of both shop and establishment act, factories act and other regulations. I think payment of wages act also has some rules on leave. You can actually tKe action on them under labour laws. Of course, in the end that goes nowhere if you wish to continue working in that company.
Under shop and establish act, you are entitled to certain number of days of leave for every year of work. This can not be reduced for absence so long as you have worked for more than 240 days in a year (varies from state to state). No rule allows employers to disallow accumulation of leave for absence on a particular month. It will probably qualify for unfair labour practice.
You should probably bring to the notice of the regulations to your management. And also the section that clearly says that no negotiated settlement can reduce the entitlement.
There are penalties and criminal penalties for violating these regulation which your management probably does not know.
From India, Mumbai
2395Under shop and establish act, you are entitled to certain number of days of leave for every year of work. This can not be reduced for absence so long as you have worked for more than 240 days in a year (varies from state to state). No rule allows employers to disallow accumulation of leave for absence on a particular month. It will probably qualify for unfair labour practice.
You should probably bring to the notice of the regulations to your management. And also the section that clearly says that no negotiated settlement can reduce the entitlement.
There are penalties and criminal penalties for violating these regulation which your management probably does not know.
From India, Mumbai
Hi, Agree with the last statement, First Check ur rolls of Employment bcoz in some companies off role and employee on probation do not get any leave balance in their account.....
From India, Gurgaon
From India, Gurgaon
Deer Yaasmin,
I'm also agreed with Manoj. Your employer cann't penalise twice for absentism . First you check with Standing Order of your organisation and then talk with your employer. They are simply exploiting due to unawareness. And as per my knowledge it's also illigal.
Regards.
SUBRATA
From India, Calcutta
I'm also agreed with Manoj. Your employer cann't penalise twice for absentism . First you check with Standing Order of your organisation and then talk with your employer. They are simply exploiting due to unawareness. And as per my knowledge it's also illigal.
Regards.
SUBRATA
From India, Calcutta
dear meenakshi,
The employee is confirmed and regular employee of the company.
Overalll parent company has more than 15oo staff but divided into sub companies and third party rolls.
Hence none of the employee is directly connected to the parent company except some top management and accounts staff.
We are in one of the sub companies of parent company with no PF / ESI benefit.
My boss is saying that leave policy depends upon compoany to company and this is their company policy of loss of pay and cancellation of leave against even a single absentism.
But thankfully I come from an background where I worked as HR role also and have been on Ciet HR for long time so my knowledge is updated about the complainces.
And cite Hr seniors proves my knowledge and experience to be correct and I get support to stand agaisnt such unethical practices.
From India, Mumbai
The employee is confirmed and regular employee of the company.
Overalll parent company has more than 15oo staff but divided into sub companies and third party rolls.
Hence none of the employee is directly connected to the parent company except some top management and accounts staff.
We are in one of the sub companies of parent company with no PF / ESI benefit.
My boss is saying that leave policy depends upon compoany to company and this is their company policy of loss of pay and cancellation of leave against even a single absentism.
But thankfully I come from an background where I worked as HR role also and have been on Ciet HR for long time so my knowledge is updated about the complainces.
And cite Hr seniors proves my knowledge and experience to be correct and I get support to stand agaisnt such unethical practices.
From India, Mumbai
Hi Yasmeen,
Nice to see more awareness in you.
Its the same case with most of the employees in India who are exploited due to lack of knowledge.
But anyways its good that you have learned a lot from such experience.You will become good HR working for any other organization.
Wish you all the best!!!
Regards,
Manoj
Nice to see more awareness in you.
Its the same case with most of the employees in India who are exploited due to lack of knowledge.
But anyways its good that you have learned a lot from such experience.You will become good HR working for any other organization.
Wish you all the best!!!
Regards,
Manoj
Hi Yasmin,
From your description of your company, it does not seem to be a correct choice of employer for you. You should look for a different job, irrespective of the outcome of your discussion with the management.
Any company which splits into multiple companies to avoid statutory obligations is on the wrong path. It will never grow. It sounds like a the old Lala companies (no raciest offence meant to anyone here on the site) that are out to exploit workers. What ever you do, they will find another way to squeeze / supress / exploit the workers.
If your boss saysmleave rules vary from company to company, please tell him that while the statement is true, no company made rule can deny statutory rights given by law. At best, it can give better rights.
We also use contract employees and associate firms where some of our team are employed, but that is due to structure (multi city hubs) and logistic reasons. When the main company went over 20 employees, we gave people option of pf. It's the requirement as you grow. It's a part of cost that you need to absorb and factor in.
Best of luck in convincing your management. Will appreciate if you keep us informed of your success or otherwise.
From India, Mumbai
From your description of your company, it does not seem to be a correct choice of employer for you. You should look for a different job, irrespective of the outcome of your discussion with the management.
Any company which splits into multiple companies to avoid statutory obligations is on the wrong path. It will never grow. It sounds like a the old Lala companies (no raciest offence meant to anyone here on the site) that are out to exploit workers. What ever you do, they will find another way to squeeze / supress / exploit the workers.
If your boss saysmleave rules vary from company to company, please tell him that while the statement is true, no company made rule can deny statutory rights given by law. At best, it can give better rights.
We also use contract employees and associate firms where some of our team are employed, but that is due to structure (multi city hubs) and logistic reasons. When the main company went over 20 employees, we gave people option of pf. It's the requirement as you grow. It's a part of cost that you need to absorb and factor in.
Best of luck in convincing your management. Will appreciate if you keep us informed of your success or otherwise.
From India, Mumbai
Hi all,
I totally agree with Yaasmin. Unless the Factories act is amended, the employers willnot sanction any leave. It is crystal clear that employees are exploited. What to do. It is a matter of survival. No one can raise the voice and burnt their finger. Only we can appeal to govt to amend the factories act providing SL, ML & Pl very clealry.
rgds
From India, Madras
I totally agree with Yaasmin. Unless the Factories act is amended, the employers willnot sanction any leave. It is crystal clear that employees are exploited. What to do. It is a matter of survival. No one can raise the voice and burnt their finger. Only we can appeal to govt to amend the factories act providing SL, ML & Pl very clealry.
rgds
From India, Madras
Dear All,
We are looking the following position for our Delhi location:
a HR Executive
b. English faculty
c. 2D faculty
d. Personality Development faculty
e. Sketching faculty
Can anybody help me to fill up these position.
Rajeev Shukla
HR
Contact No:7428223540
Email- hr@kreativevistas.com
From India, New Delhi
We are looking the following position for our Delhi location:
a HR Executive
b. English faculty
c. 2D faculty
d. Personality Development faculty
e. Sketching faculty
Can anybody help me to fill up these position.
Rajeev Shukla
HR
Contact No:7428223540
Email- hr@kreativevistas.com
From India, New Delhi
Dear Yasmin,
It looks like your company's leave policy is not employee friendly. I figured out 2 different things here.
1) Leave
2) Absent
ELs are like bank acccounts. You earn them after serving for certain period. And consume them by taking leaves. So point-1 is ok if a leave is taken. Point-2 is an unauthorised absent from work which is punishable by deducting a day's salary for each absent day. Deducting the ELs (leaves which are already credited to employee's account) doent make sense for being absent.
Also you did not mention about any SL (Sick Leaves) or CL (Casual Leaves). Which I believe should be there in a good HR system.
Best regarads,
Mr. Priyadarshee Pradhan
From India, Pune
It looks like your company's leave policy is not employee friendly. I figured out 2 different things here.
1) Leave
2) Absent
ELs are like bank acccounts. You earn them after serving for certain period. And consume them by taking leaves. So point-1 is ok if a leave is taken. Point-2 is an unauthorised absent from work which is punishable by deducting a day's salary for each absent day. Deducting the ELs (leaves which are already credited to employee's account) doent make sense for being absent.
Also you did not mention about any SL (Sick Leaves) or CL (Casual Leaves). Which I believe should be there in a good HR system.
Best regarads,
Mr. Priyadarshee Pradhan
From India, Pune
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Karnataka Leave.xlsx
LEAVE APPLICATION.doc