I believe that it is not against any Government of India rules/procedure to carry out any official duties (such as submitting medical reimbursement bill, writing ACR of a subordinate, attending official meeting, writing official reminders for submitting required information etc) while being on Earned Leave (local stay).
Please confirm.
From India, Dehra Dun
1Please confirm.
From India, Dehra Dun
Dear Cpk_nih,
That depends on why he is doing it, If he has not completed the Assigned task and he is willing to do it during his paid leave then its his call if the management is ok with that, if he has completed the task,But the employer has asked him to come on the day when he was suppose to be on leave, And perform official duties for the employer,Then the employer should cancel the leave and reschedule his leave or pay him for the number of hours he worked for that day as per the companies norms or overtime should be considered in this case,
Hope this helps
Regards
From India, Bangalore
That depends on why he is doing it, If he has not completed the Assigned task and he is willing to do it during his paid leave then its his call if the management is ok with that, if he has completed the task,But the employer has asked him to come on the day when he was suppose to be on leave, And perform official duties for the employer,Then the employer should cancel the leave and reschedule his leave or pay him for the number of hours he worked for that day as per the companies norms or overtime should be considered in this case,
Hope this helps
Regards
From India, Bangalore
Dear Amaan,
Thanks for your kind response. My basic intention for the query was - if an employee is willingly doing some of the official tasks (without being asked by the employer) during his earned leave (so that his own work does not pile up during the course of leave), then it is not against any government rules/procedure and administration should not have any objection to that.
Just for an example, if an employee submits medical reimbursement bill during earned leave to his immediate superior, then he (superior on duty in the office)should forward it to the finance section for settlement of claim. To quote another example, if the last date for submitting the report of "Reporting Officer" (for ACR of a subordinate) falls within the period of leave, then there should not be any objection to write ACR of a subordinate by an officer during his earned leave.
I hope that I have made my points clear. I look forward for further guidance in this matter.
C. P. Kumar
Scientist 'F'
From India, Dehra Dun
Thanks for your kind response. My basic intention for the query was - if an employee is willingly doing some of the official tasks (without being asked by the employer) during his earned leave (so that his own work does not pile up during the course of leave), then it is not against any government rules/procedure and administration should not have any objection to that.
Just for an example, if an employee submits medical reimbursement bill during earned leave to his immediate superior, then he (superior on duty in the office)should forward it to the finance section for settlement of claim. To quote another example, if the last date for submitting the report of "Reporting Officer" (for ACR of a subordinate) falls within the period of leave, then there should not be any objection to write ACR of a subordinate by an officer during his earned leave.
I hope that I have made my points clear. I look forward for further guidance in this matter.
C. P. Kumar
Scientist 'F'
From India, Dehra Dun
Hi Dear All Hope You doing good, If any employee new joined in company so,it is compulsory to deduct their PF and ESIC if we are not doing such what would be the effect of that on any company?
From India, Gurgaon
From India, Gurgaon
Dear CPK,
Yes, As long as an Employer and Employee work hand in hand, with Mutual understanding, An employee can perform any official activities during the non working Hour there is no such Law that is implemented where an employee should not perform any official activites during the non working day, But the Logg's of his presence should be Marked in your Attendance for number of hours he was in the office, PLEASE NOTE
if the managment does not want him to perform any Such activities They can very well object the employee and stop him that depends on your company norms,
Regards
From India, Bangalore
Yes, As long as an Employer and Employee work hand in hand, with Mutual understanding, An employee can perform any official activities during the non working Hour there is no such Law that is implemented where an employee should not perform any official activites during the non working day, But the Logg's of his presence should be Marked in your Attendance for number of hours he was in the office, PLEASE NOTE
if the managment does not want him to perform any Such activities They can very well object the employee and stop him that depends on your company norms,
Regards
From India, Bangalore
Dear Pankaj,
PF deduction is mandatory and it is statutory provision related to labour laws. Organisation which is having 10+ employees should have PF.
The Effects are Devious please be advised that you consider the number of months he has worked with the company and submit his presence, to the PF Office,
Please post your mailing address ill send you the Labour Law's FYI...
Regards
From India, Bangalore
PF deduction is mandatory and it is statutory provision related to labour laws. Organisation which is having 10+ employees should have PF.
The Effects are Devious please be advised that you consider the number of months he has worked with the company and submit his presence, to the PF Office,
Please post your mailing address ill send you the Labour Law's FYI...
Regards
From India, Bangalore
Dear Kumar,
From the case pointed out by you, what I feel, either you or some one of your acquaintances seem to have been made target of the ignorance of rules of some one superior. No matter, leg pulling is often prevalent in almost every organization. But, if intend to do that way against some of your junior, please don't do that due to the following valid reasons.
About instance of medical reimbursement bill, I may point out that submission of medical reimbursement claim is not an official duty, rather it is personal and private matter of the Government servant and can be done any time during his duty or leave period.
About writing of ACRs of subordinates, it of course is an official duty and if some one does his official duty or fulfills his obligation voluntarily during his leave period in the exigency of service there is no objection, no Rule of the CCS (Leave) Rules 1972 bars any Government servant from doing Government duty, if he has to do some official duty some time in the exigency of service.
Even otherwise also, Rule 11 of the Fundamental Rules (FR) very clearly lays down "unless in any case it be otherwise distinctly provided, the whole time of a Government servant is at the disposal of the Government which pays him." However, by an official order, although not required under any rule, if any one is prohibited to do his official duty only that would hold good. Any verbal instruction would be invalid. During suspension period, of course, a Government servant is barred from doing any official duty.
Exigency of service is such a tool that even the Government uses that in order to refuse leave to the Government service under Rule 7(2) of the CCS (Leave) Rules 1972, which states, "When the exigencies of public service so requires, leave of any kind may be refused or revoked by the authority competent to grant it." Not even that in the exigency of service a Government servant can be recalled from leave under the provisions of Rule 23 of the CCS (Leave Rules) 1972 and the remaining leave of his is canceled.
So, even commonsense says, if the whole time of the Government service is at the disposal of the Government and in the exigency of service leave of the Government servant can be refused, revoked or he may be recalled for duty, why the Government servant cannot voluntarily and without asking, do any of his official duty in emergency/exigency of service?
I hope these points would have cleared doubts of your mind.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of management & Educational Consultants
New Delhi
From India, Delhi
From the case pointed out by you, what I feel, either you or some one of your acquaintances seem to have been made target of the ignorance of rules of some one superior. No matter, leg pulling is often prevalent in almost every organization. But, if intend to do that way against some of your junior, please don't do that due to the following valid reasons.
About instance of medical reimbursement bill, I may point out that submission of medical reimbursement claim is not an official duty, rather it is personal and private matter of the Government servant and can be done any time during his duty or leave period.
About writing of ACRs of subordinates, it of course is an official duty and if some one does his official duty or fulfills his obligation voluntarily during his leave period in the exigency of service there is no objection, no Rule of the CCS (Leave) Rules 1972 bars any Government servant from doing Government duty, if he has to do some official duty some time in the exigency of service.
Even otherwise also, Rule 11 of the Fundamental Rules (FR) very clearly lays down "unless in any case it be otherwise distinctly provided, the whole time of a Government servant is at the disposal of the Government which pays him." However, by an official order, although not required under any rule, if any one is prohibited to do his official duty only that would hold good. Any verbal instruction would be invalid. During suspension period, of course, a Government servant is barred from doing any official duty.
Exigency of service is such a tool that even the Government uses that in order to refuse leave to the Government service under Rule 7(2) of the CCS (Leave) Rules 1972, which states, "When the exigencies of public service so requires, leave of any kind may be refused or revoked by the authority competent to grant it." Not even that in the exigency of service a Government servant can be recalled from leave under the provisions of Rule 23 of the CCS (Leave Rules) 1972 and the remaining leave of his is canceled.
So, even commonsense says, if the whole time of the Government service is at the disposal of the Government and in the exigency of service leave of the Government servant can be refused, revoked or he may be recalled for duty, why the Government servant cannot voluntarily and without asking, do any of his official duty in emergency/exigency of service?
I hope these points would have cleared doubts of your mind.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of management & Educational Consultants
New Delhi
From India, Delhi
Dear Amaan,
I would like to differ with your opinion, as in official duties in any Government Organization, there is nothing mutual in official and Employer or Employee to work hand in hand with Mutual understanding, but every aspect of their individual duties and responsibilities are regulated under some set rules and procedures. If any official does like that, he would do at his own risk and responsibility.
Any employee working hand in hand with his superior, if that is against prescribed rules and procedure, is made liable for his own fault individually in the Government Organization with the existence of strong Vigilance Organization set up in each Government Department or PSU.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of management & Educational Consultants
New Delhi
From India, Delhi
I would like to differ with your opinion, as in official duties in any Government Organization, there is nothing mutual in official and Employer or Employee to work hand in hand with Mutual understanding, but every aspect of their individual duties and responsibilities are regulated under some set rules and procedures. If any official does like that, he would do at his own risk and responsibility.
Any employee working hand in hand with his superior, if that is against prescribed rules and procedure, is made liable for his own fault individually in the Government Organization with the existence of strong Vigilance Organization set up in each Government Department or PSU.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of management & Educational Consultants
New Delhi
From India, Delhi
Dear CPK
Giving our service valuntarily any time as part of our duty/job is a postive signal & welcome, unless barred to do so. Those days are gone denying to do duty in the name of leave and mood, whether it is govt servent or private employee. Encourage people to do their duty without disturbing their personal life as well as balancing personal and official life. This is the order of the day.
Suresh
From India, Pune
Giving our service valuntarily any time as part of our duty/job is a postive signal & welcome, unless barred to do so. Those days are gone denying to do duty in the name of leave and mood, whether it is govt servent or private employee. Encourage people to do their duty without disturbing their personal life as well as balancing personal and official life. This is the order of the day.
Suresh
From India, Pune
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