Hi
I wish to know that are only employees on payroll entitled to leave benefit? I have a friend who has joined a company as an associate wherein she is expected to work full time just as a normal employee but is not entitled to take any leaves ? Is that appropriate?
From India, Mumbai
3I wish to know that are only employees on payroll entitled to leave benefit? I have a friend who has joined a company as an associate wherein she is expected to work full time just as a normal employee but is not entitled to take any leaves ? Is that appropriate?
From India, Mumbai
Dear Namrata,
You have not mentioned whether your friend is contractual (outsourced) employee. Denial of leave is illegal for any employee whether regular or contractual. Principal employer is responsible to ensure that the labour laws are implemented in right earnest notwithstanding the status of the employees.
Possibly your friend is contractual employee. Possibly that employer, while making contract with the manpower contractor did not make provision of any additional manpower to cater to the absence of employees on account of sickness or authorised leave. Now they are depriving the basic rights of employees.
Tell your friend to talk to HR. However, if your friend adopts collision course, he/she could be removed with just day's notice. Is your friend prepared for this?
If your friend is not much worried of his/her employment then he/she may approach labour officer of the area and explain the problem. But let this not be done without knocking the doors of HR.
Every other day, strange problem of violation of the labour laws comes up in this forum. If what you have written is true then hats off to obsequiousness of that company's HR.
Just recently, I gave a long reply to similar post. You may click the following link to know why is this happening:
https://www.citehr.com/423107-soft-s...ml#post1915976
Ok...
Dinesh V Divekar
From India, Bangalore
You have not mentioned whether your friend is contractual (outsourced) employee. Denial of leave is illegal for any employee whether regular or contractual. Principal employer is responsible to ensure that the labour laws are implemented in right earnest notwithstanding the status of the employees.
Possibly your friend is contractual employee. Possibly that employer, while making contract with the manpower contractor did not make provision of any additional manpower to cater to the absence of employees on account of sickness or authorised leave. Now they are depriving the basic rights of employees.
Tell your friend to talk to HR. However, if your friend adopts collision course, he/she could be removed with just day's notice. Is your friend prepared for this?
If your friend is not much worried of his/her employment then he/she may approach labour officer of the area and explain the problem. But let this not be done without knocking the doors of HR.
Every other day, strange problem of violation of the labour laws comes up in this forum. If what you have written is true then hats off to obsequiousness of that company's HR.
Just recently, I gave a long reply to similar post. You may click the following link to know why is this happening:
https://www.citehr.com/423107-soft-s...ml#post1915976
Ok...
Dinesh V Divekar
From India, Bangalore
Thank you so much Dinesh. Yes it is definitely violation of law. She is not outsourced for employment infact she was not even told that she does not come under the company head count till she joined them. The appointment letter stated her designation to be an 'Associate copy editor' but nowhere did they mention that she is just an associate which does not come under company head count.
I am an HR myself and its shocking so i thought of sharing this on the forum and understanding whether something like this is practiced in other places as well.
Regards
Namrata Karnik
From India, Mumbai
I am an HR myself and its shocking so i thought of sharing this on the forum and understanding whether something like this is practiced in other places as well.
Regards
Namrata Karnik
From India, Mumbai
If your friend has received the appointment letter with the designation whatever, which implies she has been not outsourced but appointed. So in that case she is very much entitled for all such leaves as per the act and she can also avail all the facilities as per other employees of that company which is laid down as policy. Its advisable that let her complete her probation and 240 days to avail the EL. She can take the CL/SL as and when required even though if she is on contractual basis too.
From India, Ahmadabad
From India, Ahmadabad
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Leave Policy.doc