Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Hemendra   19 July 2017

Continuity of service

Working in an institute for last 17 years. In order to attend an importnat event, I need a leave for a week, but chances of getting it approved are very deem. If I apply for it, application is likely to be rejected, but even then my going to attend the function is must. What action would be best to keep my service continuity intact for the purpose of gratuity? Option 1) I remain absent for a week and do not apply for any leave. Option 2) I apply for the leave. I go to attend the event even if my application is rejected.



Learning

 24 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     19 July 2017

Apply for a leave and try to provide alternate arrangements in absence of your work. Try to convince your mangement in this regard. Once management issue any remarkable memo to you, is a problem for you in future. 

Kumar Doab (FIN)     19 July 2017

The unapproved leave may result in disciplinary action....................as per service riles applicable to you.

In any case since you are going to attend the function, what other reason you are contemplating for leave.................

 

Hemendra   20 July 2017

One common method adopted by everyone is to send 'sick' application through someone and while joining back, simply submit medical certificate from a doctor. I, personally do not admire any such fake methods. 

Kumar Doab (FIN)     20 July 2017

Originally posted by : Hemendra
One common method adopted by everyone is to send 'sick' application through someone and while joining back, simply submit medical certificate from a doctor. I, personally do not admire any such fake methods. 

 

You are on the right side.

Avoid as above, fake methods, fake persons, so called fake expertise in faking by so called fake experts............

 

Kumar Doab (FIN)     20 July 2017

If a person is so indisposed that he/she can't attend office and needs leavve and tenders medical certificate advising bed certificate then the same person is expected not in a condition to travel and attend functions.........

Hemendra   22 July 2017

Whatever query I’ve raised is on factual basis having 17 years of experience behind it. In the past many of my colleagues have suffered with similar problem. Many of them have yet not been paid their gratuity on one or another pretext. Even the office of labour commissioner was of no help except few sympathetic words. To avoid, any disciplinary action, I sought your counsel. My attending the event is dire necessary. What option would be best for me keeping all the decorum.

Hemendra   22 July 2017

That’s right. You shouldn’t be caught travelling or in other city, while on medical leave. But in this institute, to take a medical leave, genuine or fake, is never a problem with the administration, perhaps, too risky to deny a sick-leave. I’ve never remained absent during my service. My only fear is that if I apply for a leave and if denied, then only step remain for me is to resign and attend the function.

Kumar Doab (FIN)     22 July 2017

Employee should narrate reason and submit leave application under proper acknowledgment.

If suitabel attach the copy of invitation of function.

Let employer post whatever it wants.....in writing.

Remain amiable and gentle.

 

Hemendra   22 July 2017

Well, all said and done. That’s what I had in my mind all the time. My only fear is that since institute is very powerful, influential and famous for unreasonable attitude, where I’ll stand if my totally justified application gets rejected? Attending the function is extremely necessary for me. After 17 years of unblemished service to the institute, will my service be considered as discontinued for the purpose of gratuity, if some memo is issued against me?

Kumar Doab (FIN)     22 July 2017

ASAP so long you are in employment, download the Gratuity Rules of the establishment, service rules applicable to you, Conduct and Discipline Rules, Leave rules, and other rule/policy/handbook  that is stated in appointment letter or anywhere else e.g;HR policy, Employee handbook etc etc…………………evidence of your unblemished performance record, commendations, appraisal, KRA’s etc etc …………..  

Kumar Doab (FIN)     22 July 2017

        

The Continuous service, forfeiture of Gratuity is well defined in the Payment of Gratuity Act 1972: Sec;2A  {more so 2A(1)}, 4(6)…………

https://www.labour.nic.in/sites/default/files/ThePaymentofGratuityAct1972.pdf

Kumar Doab (FIN)     22 July 2017

You may carefully go thru the discussion and citations in another threads e.g;

 

https://www.lawyersclubindia.com/forum/P-f-gratuity-90740.asp

Kumar Doab (FIN)     22 July 2017

The unauthorised leave/unaccepted/unapproved might be recorded as per standing orders............GO thru:Sec 2A(1)....................

If NO loss is caused then it may not satisfy the criteria for forfeiture...........

You seem to be apprehending break in service.........

The employer may give you oportunity of hearing.......

 

 

Kumar Doab (FIN)     22 July 2017

The best recourse is apply your goodwill,rapport, unblemished record and convince the authorities.................. 

 

Try to take help of colleagues or forum of employee's, anyone and avoid such unpleasant situation.............that you are apprehending.....


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register