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Krishna (Quality Analyst)     26 March 2014

Employer asking me to work on my leaves

Hi all,

      I have a small question, I am working in a job role (IT) which does not have backup,I am a Quality Coach.Now can the employer ask me to work while i am availing my earned leaves? ...What is happening here is let' s say i am on my Earned leave for a week , my manager asks me to work from home to complete my work.

Also even if i am on leave for couple of days --- I would have either have to manage my work from home / complete the whole work in remaining days of the week.

This is troubling me because i cannot take a leave and enjoy my vacation. I want to get this corrected in my organisation.My absence does not result in any financial loss to the company.

Thanks and Regards

Krishna Kumar



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     26 March 2014

Simply you can give complaint to the labour commissioner at where your office is located. They will visit surprisingly your office and verify the leave registers, attendance registers, ESI, gratuity, and other staff welfare schemes.

Krishna (Quality Analyst)     26 March 2014

Thank you so much for your reply Sir.. Also since this is a IT company we do not have any leave register or anything. Everything is online.Also we work mostly on our laptops(sending reports etc)...So would we able to verify it and prove it...The proofs i have are the official work and reports sent by me during my leave..

Also even if i am on leave for couple of days // Sick leave / / PL --- I would have either have to manage my work from home / complete the whole work in remaining days of the week.


 

Kumar Doab (FIN)     26 March 2014

You are not supposed to work on off days/holidays/leave……………..

The demand of managers to work on off days/holidays/leave is a transgression.

It is a wrong notion that IT Company won’t have any leave register (record).

The IT/ITeS companies might have been granted approval to have self certified records in electronic/digital form. The forms and formats might be same as for hard copies as prescribed in enactments applicable to the establishment e.g; (Name of your state) Shops and Commercial Establishments Act………………………

IT/ITeS companies are also covered by enactments applicable to commercial establishments…………….and are not free rule of law.

You must be having leave record/leave submitted by you, approval given to you with date, reports submitted by you with date……………………as date gets automatically affixed on emails.

You have the option to request in writing to amend balance leave record and treat your leave cancelled or claim OT (if you are not in Exempt category) and compensatory off as described in

(Name of your state) Shops and Commercial Establishments, National Holidays Act as applicable in your state……………………….

 

Claim of OT should be lodged in reasonable time……………………………..Employer should pay OT along with wages on due date of payment of wages.

The managers/HR/employer may claim that you were not asked to work on these dates and you submitted on your own and voluntarily (and may add that since you did not complete work in scheduled work hours and delayed it)…………………………..

 

Therefore it shall be appropriate to obtain proof (audio/visual/written) of work being assigned on off day/leave/EL/holiday etc……………………

 

Since you are affected you have to act. Try to sort out amicably.

 

T. Kalaiselvan, Advocate (Advocate)     27 March 2014

Please follow the valuable  advises rendered by expert Mr. Kumar Doab on the subject.


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