I am working for Pvt Ltd co. I am forcefully shifted to HR dept fr Admin. Now i have to learn HR rules. We have given 16 PL , 7 CL & 10 SL to employees. 1 employees took 21 SL in last mth so I deducted 11 days from his salary. Emp. has given ESI facility also. Was it a right decision to deduct fr his sal as he is on payroll. I hope i won't be in any trouble for not adjusting in any other leaves? Can anybody give a solution for this or whether i can add it in next month?
From India, Mumbai
2From India, Mumbai
hi,
If your org doesnot have a rule of clubbing / suffixing leaves then you should have deducted his leave from other leaves. BUT if ur org maintains a very strict rule of NOT clubbing or prefix or suffix then u did the right thing.
If both the things are not mentioned in your org laws then on humanitarian grounds deduct his leave from other leaves , provided he gives enough supporting about his sickness. like medical certificate which says his sickness from -to date. Other check -up docs. 21 days seems too be long enough for some big illness.
Check the genuinity .
I hope , you wont find difficulty now.
What say ?
Regards
Moushmi
From India, Mumbai
If your org doesnot have a rule of clubbing / suffixing leaves then you should have deducted his leave from other leaves. BUT if ur org maintains a very strict rule of NOT clubbing or prefix or suffix then u did the right thing.
If both the things are not mentioned in your org laws then on humanitarian grounds deduct his leave from other leaves , provided he gives enough supporting about his sickness. like medical certificate which says his sickness from -to date. Other check -up docs. 21 days seems too be long enough for some big illness.
Check the genuinity .
I hope , you wont find difficulty now.
What say ?
Regards
Moushmi
From India, Mumbai
Hi,
Based on you have stated, you have done nothing wrong. Let me tell you why I say so!
Balance in leave account belongs to the employee and he has exclusive right to decide its utilization. Employer may NOT "adjust" various accounts UNLESS specifically authorized by theemployee, the law or any agreement. Leave Accounts are like Bank Accounts. The banks may not alter any entries in your account except under authority or exceptional circumstances authorized by law of the land!
Having said that, if the employee is covered under ESI, did he produce the Sickness "Information Slip" and the "Continuation Certificate" or the "Fitness Certificate" from his ESI panel doctor? You know, he is obliged to do all this. In any case even if the documents were submitted in time and were "proper" all absence against ESI certification is shown in company records as ESI leave and he is NOT to be paid by the company nor any leave be sanctioned to him for such a period. If he however applies and asks for adjustment of the absence against any kind of leave lying to his credit, he is either ignorant of ESI law & procedure or is cheating the ESI corporation, because for the period he was on ESI certified leave, he would be paid by the ESI corporation "Sickness Benefit" which is approximately equivalent to 5/8 of his salary per day!
If you provide more facts, the advise will be more focussed and accurate!
Regards
samvedan
June 21, 2006
From India, Pune
Based on you have stated, you have done nothing wrong. Let me tell you why I say so!
Balance in leave account belongs to the employee and he has exclusive right to decide its utilization. Employer may NOT "adjust" various accounts UNLESS specifically authorized by theemployee, the law or any agreement. Leave Accounts are like Bank Accounts. The banks may not alter any entries in your account except under authority or exceptional circumstances authorized by law of the land!
Having said that, if the employee is covered under ESI, did he produce the Sickness "Information Slip" and the "Continuation Certificate" or the "Fitness Certificate" from his ESI panel doctor? You know, he is obliged to do all this. In any case even if the documents were submitted in time and were "proper" all absence against ESI certification is shown in company records as ESI leave and he is NOT to be paid by the company nor any leave be sanctioned to him for such a period. If he however applies and asks for adjustment of the absence against any kind of leave lying to his credit, he is either ignorant of ESI law & procedure or is cheating the ESI corporation, because for the period he was on ESI certified leave, he would be paid by the ESI corporation "Sickness Benefit" which is approximately equivalent to 5/8 of his salary per day!
If you provide more facts, the advise will be more focussed and accurate!
Regards
samvedan
June 21, 2006
From India, Pune
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.
PF deduction on leave encashment.doc