Weekly holiday
sudhir saha
(Querist) 30 January 2016
This query is : Resolved
An employee newly appointed in a reputed travel company is working for one month without any weekly holiday and monetary benefit for working in weekly holidays ( Sunday). On asking for weekly holiday HR Manager told him , at present no leave will be allowed due to exigency of service . But in appoint letter there is clearly mentioned weekly holiday, Cl & other leaves.Even in restricted holiday , 26th January he was to attend duty. Is it possible ? What do rules say in this case?
sudhir Saha
Kumar Doab
(Expert) 30 January 2016
Such company might be covered by Shops & Estbs Act of the state.
You may go thru the Act and clauses on Weekly Holiday,National Holiday,OT,Compensatory Off............and other enactments applicable to the establishment........e.g. National Festival and Holidays Act.......Payment of Wages Act
Avoid verbal transactions in such matters and submit a gentle communication addressed to good offices of appointing authority,MD from personal email id/with copy to email id/or by letter under proper acknowledgment.....................and manage to get written reply.
The company is not armed forces and is not defending the borders of the nation and there is no such exigency of service that demands round the clock work on all weekdays without any compensation.
The person in question might be covered by the def. of 'Employee' as in all enactments applicable to establishment and even 'Workman' as in ID Act........
If the employer/establishment/and attorney's of employer in Line management-HR are resorting to exploitation/harassment then it is breach by employer and employer is unworthy of being employed with.
Firm up next venture ASAP.
How are you concerned with the query and employee?
Rajendra K Goyal
(Expert) 30 January 2016
Agree with the advise from expert Kumar Doab.
