Hi, I work in a Pune based BPO which works on rotational shifts. Recently, I applied for leave for Diwali to go to my hometown. Firstly, management denied my 7 days leave (2 days weekly off + 5 days leave) and approved 3 days leave +2 Weekly off. But now the management is saying that I should apply 5 days leave as they gonna cancel my 2 weekly offs and consider it as leave. The company policy states that I cannot take weekly offs if I am not working 3 days in a week. The same policy also states that mixture of CL and DLs can override this policy. So I said to the management that I need 2 CL and 1 DL and 2 weekly offs. The company is denying my request and forcing me to apply for 5 days CL. On top of that, the company asked me to work straight 9 days without any Weekly offs in between.
Moreover, the company never gives any national or festive holidays, and when asked, the company said that the DLs (Discretionary Leave) are compensatory leaves for National and Festive holidays. Even though we work on national holidays, the company never pays double according to the labour law of Maharashtra.
When I talk to HR about the same, HR says that it is the sole decision of the manager.
What can I do in this case?
From India, Pune
Moreover, the company never gives any national or festive holidays, and when asked, the company said that the DLs (Discretionary Leave) are compensatory leaves for National and Festive holidays. Even though we work on national holidays, the company never pays double according to the labour law of Maharashtra.
When I talk to HR about the same, HR says that it is the sole decision of the manager.
What can I do in this case?
From India, Pune
All that your company is following are just unfair and non compliance. They can refuse to grant you leave but it should not be by saying that this is what the statute says. Therefore, you should either escalate the matter to the Labour department or just leave the company and get another opportunity at the earliest. Escalating the issues to the government authorities may seem to be unfair but there is no other way that these companies be made legally compliant. Even Big Fours are doing such kind of illegal acts when they themselves say that they are employee friendly organisations. But there should be a way out for such situations. Therefore, let them know what are the rights of employees under the law in India.
From India, Kannur
4249From India, Kannur
Dear friend,
You need to file a complaint before the labour office in violations of NH&FH and leaves too.
It is difficult to suggest remedy without knowing your company and adopted policies. There is no specific law and rules that guided a company and loop holes in Acts, laws and rules makes the employers eden.
From India, Mumbai
You need to file a complaint before the labour office in violations of NH&FH and leaves too.
It is difficult to suggest remedy without knowing your company and adopted policies. There is no specific law and rules that guided a company and loop holes in Acts, laws and rules makes the employers eden.
From India, Mumbai
Go and meet your Labour Commissioner and share your issues along with the company name and location. They will take care of the issue properly.
From India, Pune
From India, Pune
(1) Write a letter to labour commissioner regarding this is happening in this company without writing your name.
(2) Try to get another opportunity as and when you get another opportunity leave this company.
(3) They will learn by this high employee turnover rate.
From India, Indore
(2) Try to get another opportunity as and when you get another opportunity leave this company.
(3) They will learn by this high employee turnover rate.
From India, Indore
Fighting against the actions of the employer almost quitting the Co. Denying approval of leave applied one among the many issues arising in the course of employment in HRM. It's always said 'grant to leave' is not a automatic right of the employees. But in practice most of the strain in employee Vs employer relationship is denial of leave. That too during important festivals. It's noted that employees are not at easy so far as grant of leave and weekly off are concerned. And 'unfair labour practices' are followed by the employer. It can be remedied only by seeking the intervention of the ALC/Competent officers of Labour Dept. Unless you lodge a formal complaint with them proper remedy cannot be achieved. Appropriate proofs have to be collected and presented with the complaint. If you have a recognised union your case can be taken up thru them also before seeking the intervention of labour office.
From India, Bangalore
From India, Bangalore
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Supreme Court - 19 Nov 2011 - workers cannot be forced to work under new management.pdf
WORK PLACE STANDARDS - Blank.doc