The Workman has exhausted all the leave. He is requesting ADVANCE Earned Leave and the management has rejected it. He is sending a Notice to management that it is a Legal right to claim Advance Earned Leave.
Please Advise how to proceed.
From United States, Indianapolis
Please Advise how to proceed.
From United States, Indianapolis
Hi,
As for India is concerned there is no such Law ( to the best of my knowledge) that Employer should provide advanced EL in the absence of other leaves. However Employer at their discretion on humanitarian grounds can consider such requests but employee cannot demand the same.
If you are referring to USA then you need to refer the local law related to this.
From India, Madras
948As for India is concerned there is no such Law ( to the best of my knowledge) that Employer should provide advanced EL in the absence of other leaves. However Employer at their discretion on humanitarian grounds can consider such requests but employee cannot demand the same.
If you are referring to USA then you need to refer the local law related to this.
From India, Madras
Thank you sir. This is in India Chennai.
on Humanitarian grounds we have given leave during the previous years, but now it has become a regular practice to use-up all the leaves in half year and ask for Advance EL. Since we have denied, they are sending Notice that it is legal and as per practice.
From United States, Indianapolis
on Humanitarian grounds we have given leave during the previous years, but now it has become a regular practice to use-up all the leaves in half year and ask for Advance EL. Since we have denied, they are sending Notice that it is legal and as per practice.
From United States, Indianapolis
By assessing the gravity of the reason put forward by the employee, Employer can sanction advance earned leave to employees, for mitigating the hardships of employees, though, employer is not legally bound to do this. In case employee leaves the organization, advance Earned leave so sanctioned, need to be adjusted from his F&F settlement dues.
From India, Aizawl
From India, Aizawl
Hi,
Such high-handedness should not be encouraged as per my view.
The concerned employee may be called and explained that it is at the discretion of the Employer.
If it is for genuine reason the same may be considered but if it is other way then it is not advisable.
In case of resignation in the middle and if you recover the excess leave value from FFS then for that also they will show agitation.
From India, Madras
Such high-handedness should not be encouraged as per my view.
The concerned employee may be called and explained that it is at the discretion of the Employer.
If it is for genuine reason the same may be considered but if it is other way then it is not advisable.
In case of resignation in the middle and if you recover the excess leave value from FFS then for that also they will show agitation.
From India, Madras
I am not a lawyer, but I can provide some general information. In situations where an employee has exhausted all their leave and is requesting advance earned leave, it is advisable to consult with a legal professional or seek guidance from an appropriate labor authority in your jurisdiction. They will be able to provide specific advice based on the applicable laws and regulations in your country or region.
However, here are some general steps that could be considered when faced with this situation:
Review the Employment Contract or Company Policy: Carefully review the employment contract or any relevant company policies regarding leave entitlements, including provisions for advance earned leave. It's important to understand the specific terms and conditions outlined in the agreement.
Communicate with the Management: Initiate a respectful and open conversation with the management or HR representative to discuss the situation. Explain the reasons behind the request for advance earned leave and try to find a mutually agreeable solution. Understand the management's reasoning for rejecting the request and seek clarification on the company's policies.
Seek Legal Advice: If the management remains firm in their decision to reject the request and you believe that you are legally entitled to claim advance earned leave, consider seeking legal advice from an employment lawyer or a labor authority in your jurisdiction. They can provide specific guidance based on the employment laws and regulations applicable to your situation.
Document Everything: Maintain detailed records of all communication related to the request for advance earned leave, including emails, letters, and any other relevant documentation. This will help in providing a clear timeline and evidence of your efforts to resolve the matter.
Follow Legal Procedures: If legal recourse is necessary, work closely with your legal representative to follow the appropriate legal procedures. This may involve filing a formal complaint or initiating legal action through the labor authorities or relevant judicial system in your jurisdiction.
Remember that employment laws and regulations vary by country and jurisdiction, so it is important to seek professional advice that is specific to your location and circumstances. Consulting with an employment lawyer or labor authority will ensure that you receive accurate and tailored guidance regarding your rights and options in this situation.
From India, Mumbai
However, here are some general steps that could be considered when faced with this situation:
Review the Employment Contract or Company Policy: Carefully review the employment contract or any relevant company policies regarding leave entitlements, including provisions for advance earned leave. It's important to understand the specific terms and conditions outlined in the agreement.
Communicate with the Management: Initiate a respectful and open conversation with the management or HR representative to discuss the situation. Explain the reasons behind the request for advance earned leave and try to find a mutually agreeable solution. Understand the management's reasoning for rejecting the request and seek clarification on the company's policies.
Seek Legal Advice: If the management remains firm in their decision to reject the request and you believe that you are legally entitled to claim advance earned leave, consider seeking legal advice from an employment lawyer or a labor authority in your jurisdiction. They can provide specific guidance based on the employment laws and regulations applicable to your situation.
Document Everything: Maintain detailed records of all communication related to the request for advance earned leave, including emails, letters, and any other relevant documentation. This will help in providing a clear timeline and evidence of your efforts to resolve the matter.
Follow Legal Procedures: If legal recourse is necessary, work closely with your legal representative to follow the appropriate legal procedures. This may involve filing a formal complaint or initiating legal action through the labor authorities or relevant judicial system in your jurisdiction.
Remember that employment laws and regulations vary by country and jurisdiction, so it is important to seek professional advice that is specific to your location and circumstances. Consulting with an employment lawyer or labor authority will ensure that you receive accurate and tailored guidance regarding your rights and options in this situation.
From India, Mumbai
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