Dear Mam
In your absence (leave) company has given/appointed other person who has performed/produced better results, then your management has got every right to give you another work. Since you are not Workman you can't file a case in Labour court. It is the management's good policies by which they have offered you another work. Take this way & accept if you can. Take interest in new assignment.
Regards
SDP
From India, Kolhapur
30In your absence (leave) company has given/appointed other person who has performed/produced better results, then your management has got every right to give you another work. Since you are not Workman you can't file a case in Labour court. It is the management's good policies by which they have offered you another work. Take this way & accept if you can. Take interest in new assignment.
Regards
SDP
From India, Kolhapur
Hello.. Very sorry to hear that you have been placed in this position. Can I ask... what country are you from? The extent of your legal protection will depend on the jurisdiction which governs your situation. I have knowledge of the legal position in the UK and Ireland, and I could help you navigate and understand the laws under which you are governed if you let me know... I cannot advise you... but I can help you understand a) what the applicable rules are b) what they mean and c) where to go to for further help (if such help exists in your area).
From United Kingdom, Canterbury
From United Kingdom, Canterbury
Dear friends,
For a while let us keep aside the specifics - A lady employee, maternity leave etc. Let us discuss, for that matter any employee whether male or female can claim back the same job when resuming duty after expiry of leave (let it either be ML/SL or EL/PL). It's in vogue in almost all offices whether it's private or public a void created by an employee going on leave has to be filled by some one either existing by reallocation of duties or a recruit. It is the prerogative of the Estt. either to allow the recruit to continue in the same post or ask to go if the term closes. The employee who availed the leave has the right to resume duty in the Estt. without any reduction in service conditions/pay or status. There cannot be right to same post and duties. If this is urged, it would open another controversy, similar demand can be raised by recruit staff (unless he/she has been posted only for the tenure in the leave vacancy in which case his/her term expires once the original staff resumes duty). This system exists in Govt.set up where the Manpower plan is prepared by creating normal vacancies plus certain %age/No. as leave vacancy. I have seen in some offices the existing staff by rotation used to go on apply for leave like relay-race one after the other only with a view to artificially create a leave vacancy and help in the process the poor 'Recruit-in-leave-vacancy' to make their living. Such a person, as an 'all rounder' go on doing variety of jobs in the same office, like that continue for many years of service. Only difference in this case is the designation, pay and the permanency. In private concerns also there used to be contract staff who can be engaged on day-to-day basis including offices, admin, tech. areas, house keeping, services, utilities etc. Therefore it's natural one feel aggrieved when resuming duties, but they should also understand the predicament of the HODs the compulsion to see all the jobs are accomplished without any let up and He/she no way can claim pardon/excuse for some one having gone on leave. In my view, like many others pointed out there is no concrete remedy to seek legal course than compromise on certain issues and win back the confidence of the office/colleagues by living upto the expectations by competently executing new assignments even if by sacrificing certain personal inconveniences. Of course it's not any crime committed by the concerned but things have to be taken with a pinch of salt too.
From India, Bangalore
For a while let us keep aside the specifics - A lady employee, maternity leave etc. Let us discuss, for that matter any employee whether male or female can claim back the same job when resuming duty after expiry of leave (let it either be ML/SL or EL/PL). It's in vogue in almost all offices whether it's private or public a void created by an employee going on leave has to be filled by some one either existing by reallocation of duties or a recruit. It is the prerogative of the Estt. either to allow the recruit to continue in the same post or ask to go if the term closes. The employee who availed the leave has the right to resume duty in the Estt. without any reduction in service conditions/pay or status. There cannot be right to same post and duties. If this is urged, it would open another controversy, similar demand can be raised by recruit staff (unless he/she has been posted only for the tenure in the leave vacancy in which case his/her term expires once the original staff resumes duty). This system exists in Govt.set up where the Manpower plan is prepared by creating normal vacancies plus certain %age/No. as leave vacancy. I have seen in some offices the existing staff by rotation used to go on apply for leave like relay-race one after the other only with a view to artificially create a leave vacancy and help in the process the poor 'Recruit-in-leave-vacancy' to make their living. Such a person, as an 'all rounder' go on doing variety of jobs in the same office, like that continue for many years of service. Only difference in this case is the designation, pay and the permanency. In private concerns also there used to be contract staff who can be engaged on day-to-day basis including offices, admin, tech. areas, house keeping, services, utilities etc. Therefore it's natural one feel aggrieved when resuming duties, but they should also understand the predicament of the HODs the compulsion to see all the jobs are accomplished without any let up and He/she no way can claim pardon/excuse for some one having gone on leave. In my view, like many others pointed out there is no concrete remedy to seek legal course than compromise on certain issues and win back the confidence of the office/colleagues by living upto the expectations by competently executing new assignments even if by sacrificing certain personal inconveniences. Of course it's not any crime committed by the concerned but things have to be taken with a pinch of salt too.
From India, Bangalore
Organisations employ people for achieving the goal of the org. Employees help in achieving the aim. No org can afford to keep an employee in the same position for ever, it is detrimental not only to the org but also the employee. Even as a part of career dev one must be moving up or sideways.
in the instant case if the position given after leave period is of the same grade and without reduction of basic pay, there is no cause for grievance.
if a person goes on leave as a district collector, she cannot demand the same post on return.
From India, New Delhi
in the instant case if the position given after leave period is of the same grade and without reduction of basic pay, there is no cause for grievance.
if a person goes on leave as a district collector, she cannot demand the same post on return.
From India, New Delhi
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf