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Leave policy

(Querist) 31 October 2011 This query is : Resolved 
Dear Sirs,

If an employes can ask his employees to use his privileged leave as mandatory holiday.
And declare holiday.
Regards,
Surya Prabha
adv. rajeev ( rajoo ) (Expert) 31 October 2011
In my opinion employer cannot ask
M.Sheik Mohammed Ali (Expert) 31 October 2011
yes , no ask to mandatory
Guest (Expert) 31 October 2011
Your employer cannot play with the provisions of law. You can make a report of the matter to the concerned Regional Labour Commissioner or the Shops & Establishment Inspector, as the case may be, if the employer compels the employees to use their privilege leave in lieu of the manadatory holiday.
prabhakar singh (Expert) 31 October 2011
bUT YOU CAN dHINGRA JI ! THE Q WAS"If an employes can ask his employees to use his privileged leave as mandatory holiday."
WHERE IS THE WORD "EMPLOYER"WHICH NOT ONLY RAJOO BUT ALSO YOU READ DHINGRA JI.BIAS OR NOT!NO COMERCIAL QUERY TO BE ATTENDED WAS THE RESOLUTION.
Ashish Sharma (Expert) 01 November 2011
No possible, as leave is authorised absence from duty, may be rejected due to work exigency.
Reetu Dwivedi (Querist) 01 November 2011
Dear Prabhakar Sir,
Employes is employer here its mistake. And why do you think its a commercial question.
Guest (Expert) 01 November 2011
@Prabhakar ji,

At first sight I also was thinking of missing of one 'e' in the first word, "EMPLOYES." But on reading the whole sentence and finding the word "employees" after the word "employes" I could understand well that it is a wrong stroke of key 's' instead of 'r' in the word "employes". That is why I gave my reply, as any employee cannot compel the other employees to use their PL against any mandatory holiday to be observed by the employer. Only an employer can try to force the employees to do so.

Moreover, the nature of the question was such that it was not considered as a commercial one or from the side of the management. Now the author of the question, Ms. Surya Prabha, has also clarified about the mistake in the question.
prabhakar singh (Expert) 02 November 2011
I think its a commercial question since it does not relate to you personally but it relates to the establishment you are entrusted with duty to look after. Then when such a question comes you should advise management to take legal opinion but to show your adeptness you solve it on your own after getting it confirmed by experts here and that way you cause loss to a professional whose opinion could be thought necessary by your company.


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