It depends on the contents of letter proposed to be sent. If it is a letter in the nature of advising the employee concerned to report for duty, it can be signed by either Department Head concerned or HR. However, if HR signs the letter, information should be shared with Department Head concerned so that he/she is in knowledge of it.
If it involves "dispensing with services" based on "voluntary abandonment of service", there are two ways to do it:
1) it can be issued by Disciplinary Authority as notified under company's certified standing orders, or Discipline, Conduct & Appeal Rules or any other relevant rules as notified;
2) it can be issued by HR taking approval from Disciplinary Authority and wording the letter appropriately in that the letter should indicate it is being issued with the approval of Disciplinary Authority.
However, to avoid any avoidable situations either in Court of Law or otherwise, it is suggested that we need to opt for alternative(1) above.
DN Rao
From India, Hyderabad
If it involves "dispensing with services" based on "voluntary abandonment of service", there are two ways to do it:
1) it can be issued by Disciplinary Authority as notified under company's certified standing orders, or Discipline, Conduct & Appeal Rules or any other relevant rules as notified;
2) it can be issued by HR taking approval from Disciplinary Authority and wording the letter appropriately in that the letter should indicate it is being issued with the approval of Disciplinary Authority.
However, to avoid any avoidable situations either in Court of Law or otherwise, it is suggested that we need to opt for alternative(1) above.
DN Rao
From India, Hyderabad
Dear pavani 2646,
1. Factories act is dealt with Annual leave only. (EL). But these leaves can not be availed by the new employees, those who have joined in the mid of a particular calender year,as there will not be any credit in their account. They can avail it only in the subsequent year based on the accumulation in their account. Hence, based on the principle of natural justice, companies start giving CL as well as SL apart from EL.
2. If your organisation is covered under shops and establishments act, then there is provision for CL.
But in general, Leaves are as per the company policies except the annual leave with wages.
Thanks
From India, Madras
1. Factories act is dealt with Annual leave only. (EL). But these leaves can not be availed by the new employees, those who have joined in the mid of a particular calender year,as there will not be any credit in their account. They can avail it only in the subsequent year based on the accumulation in their account. Hence, based on the principle of natural justice, companies start giving CL as well as SL apart from EL.
2. If your organisation is covered under shops and establishments act, then there is provision for CL.
But in general, Leaves are as per the company policies except the annual leave with wages.
Thanks
From India, Madras
Dear Friends, Are all employees in a factory entile for overtime payment (double wages) if they stay after 8 hours in a day. Regards, Swarnali
From India, Madras
3From India, Madras
Please let me know if an employer denies to give Cl/SL/EL facilities to thier employees what action should be required from employee?
From India, Mumbai
From India, Mumbai
Dear friend,
As rightly pointed out by Mr.Dhingra, the standards of conditions of service prescribed by any Labour Law would be the minimum to ensure consistent retention of the productivity of workmen.So, if you are providing a concession not provided for in a particular statute, it in itself cannot be a valid reason for its withdrawal for with the passage of time it has assumed the status of a conventional concession or a customary right of the workmen which cannot be changed prejudicially without complying with the provisions of section 9A of the Industrial Disputes Act,1947. Psychologically, there is an atavistic urge in man to despise work. But he is compelled to work for the sake of his subsistence. When his work becomes highly organized and systematic,his hatred for work also becomes more pronounced and results in lesser productivity or absenteeism. So, the Law sets the minimum standards of working hours and leave provisions depending upon the nature of work and the exigencies associated therewith. Someone else raised a question about the necessity of various leave concessions to gold-collar employees. Of the major factors of production, men are the most sensitive and volatile and hence the most unpredictable for their activities, irrespective of their employment status, extend to larger spheres of family and society beyond the sphere of work. It is, therefore, quite natural that whether an employed person is a General Manager or an ordinary workman, he cannot be indifferent to his family obligations and social obligations. Hence, leave becomes an inevitable and important condition of service. However, it cannot be a matter of right so as to meddle with the flow of work of the organization. That's why the prerogarative of prior sanction is vested with the employer. Hope, all your doubts are cleared now!
From India, Salem
As rightly pointed out by Mr.Dhingra, the standards of conditions of service prescribed by any Labour Law would be the minimum to ensure consistent retention of the productivity of workmen.So, if you are providing a concession not provided for in a particular statute, it in itself cannot be a valid reason for its withdrawal for with the passage of time it has assumed the status of a conventional concession or a customary right of the workmen which cannot be changed prejudicially without complying with the provisions of section 9A of the Industrial Disputes Act,1947. Psychologically, there is an atavistic urge in man to despise work. But he is compelled to work for the sake of his subsistence. When his work becomes highly organized and systematic,his hatred for work also becomes more pronounced and results in lesser productivity or absenteeism. So, the Law sets the minimum standards of working hours and leave provisions depending upon the nature of work and the exigencies associated therewith. Someone else raised a question about the necessity of various leave concessions to gold-collar employees. Of the major factors of production, men are the most sensitive and volatile and hence the most unpredictable for their activities, irrespective of their employment status, extend to larger spheres of family and society beyond the sphere of work. It is, therefore, quite natural that whether an employed person is a General Manager or an ordinary workman, he cannot be indifferent to his family obligations and social obligations. Hence, leave becomes an inevitable and important condition of service. However, it cannot be a matter of right so as to meddle with the flow of work of the organization. That's why the prerogarative of prior sanction is vested with the employer. Hope, all your doubts are cleared now!
From India, Salem
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