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Earned leave act

(Querist) 07 October 2015 This query is : Resolved 
Dear sir,
I am working for the past 4.3 years in a private ltd company as a field work,recruited in H.O.now i am working in Head office itself.i have asked how much E.L is available for me.H.R said no E.L for the field workers.my company is in tamilnadu Shops and Establishment act 1947.i have taken leave 8 days once in a year only, that also they deducted my salary.so kindly tell whether i am eligible to get a E.L or not.my joined date in this company july 2011.
P. Venu (Expert) 07 October 2015
You are entitled for the Earned or Privilege Leave. The local Shops & Establishment could be referred to your advantage.
Bala (Querist) 07 October 2015
Thanks for ur reply sir.As per your reply, I am eligible to get EL but our H.R saying I m not eligible.so kindly suggest what to do inorder to gain this.

and i got information from my seniors those who releived from our company.Company provided him only for the last 2 years of EL only eventhough he had previous years EL.Is it true?
Bala (Querist) 07 October 2015
Dear sir,
Kindly suggest me what to do and how to gain all of these in a smooth manner.
Guest (Expert) 07 October 2015
Go through the terms of your offer/ appointment letter or read employees manual of your organisation.
Bala (Querist) 07 October 2015
Dear sir,
Gud even.Thank you for the reply.I will check my appointment order and i will reply if any queries.

Kumar Doab (Expert) 07 October 2015
You have confirmed that the establishment is covered by 'tamilnadu Shops and Establishment act'.

If you are covered by the def. of 'Employee' as in the Act then the company can not decline to provide the Leave and leave Policy that is inferior to as provided for in the Act.It can provide superior benefits.




GO thru section on Leave in the Act.

It also covers C/f leave.


You may also go thru the registers/forms prescribed under tamilnadu Shops and Establishment rules.....................and each company has to maintain and submit.

Falsification of record is offense.


Saying/said,asking,telling etc are all verbal modes of communication.

Hr is not your employer and is just another employee in the company.

1st write to him under proper acknowledgment and manage to get reply in writing.

If HR person does not reply on record to you,escalate to good offices of appointing authority,MD.


if good offices do not intervene and reply and resolve you can approach Inspector appointed under the Act.


If all employees are united approach employee's/trade unions and unions will drill the sense into the heads.


Unions in tamilnadu even in sectors like IT have done a good job.


Or approach your able labor Law Consultant/Service Matters lawyer/Law firm.





Rajendra K Goyal (Expert) 09 October 2015
ct as per advise from expert PS Dhingra ji.
Kumar Doab (Expert) 09 October 2015
When you want to avail EL, you need to submit an application for EL sufficiently in advance.................for approval.



If the company is covered by the Act and you are covered by the def. of 'Employee' as in the Act then the company can not offer inferior benefits but can offer superior benefits and insert these in appointment letter.


Any clause inserted in appointment letter that is violative of enactments applicable to establishment/employee shall be void.



The Act was enacted to govern the service conditions of employees working in establishments covered by the Act.



You may also check if your establishment was granted exemption from standing orders or not! If there was no exemption then you may go thru standing orders applicable to establishment (certified/model)...............also.



In case of difficulty seek help from employee's/trade union leaders and your able lawyer...........
Bala (Querist) 12 October 2015
Gud aftn sir,
In my appointment letter it was not writtanable, eventhough i asked my Hr person about EL.why because those who are working in Head office can get EL, now only u are joined in Head office so hereafter we will make a count of your EL like that he said,but eventhough i was selected for fieldwork(other state) without taking any leave i was worked 4.3 years and if we take any leave they are detecting from our salary.what should i do in this case...i worked hard for the company now they are saying like this.they are doing this type of activities for lot of employees.I want to stand against this for the right cause and for the future employees in a smooth way.please suggest me in this regard.
Kumar Doab (Expert) 12 October 2015
If leave is not mentioned in appointment letter, then it does not mean that employee is not eligible....................since the enactments applicable to employer/establishment/employee shall decide the leave.



It has already been posted that: "If you are covered by the def. of 'Employee' as in the Act then the company can not decline to provide the Leave and leave Policy that is inferior to as provided for in the Act.It can provide superior benefits."



You may go thru the section on leave in Tamilnadu Shops &Estbs Act...............



If you are eligible for leave as per the applicable Act and have leave balance,and have applied for the leave then deductions should not have been made.


Avoid Head On verbal confrontation and prefer to write under proper acknowledgment e.g from personal email id.




All affected employees may escalate to appointing authority,MD..............



Remain gentle and amiable.


In case of difficulty seek help from employee's/trade union leaders and your able lawyer...........and Inspector appointed under the Act.










Bala (Querist) 12 October 2015
Thank you sir for the reply and guidance for the query...I will do the same and try to do for others also.now i got clarification about all these...thank you once again.thanku all very much...
Kumar Doab (Expert) 12 October 2015
You are welcome.



The HR personnel in many circumstances are also under undue pressure..................and are pressed to implement unfair conditions set by their masters.


However a sensible employee should avoid verbal confrontation, should always remain gentle and must be tactful............and must clarify and confirm by showing all service related documents on record to able counsels and check the eligibility.....



If it is unscrupulous employer change to a better organization.


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