Sick leave deducted

denis (Querist) 07 August 2020 This query is : Resolved
I have taken 2 days sick leave company deducted my salary without informing me I have accured leave what to do as per the shops and established act I have completed 240 day

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If your employer has deducted salary for sick leave without informing you, it's important to understand your rights. The Delhi Shops & Establishment Act, 1954, outlines entitlements for sick leave, especially if you've completed a certain period of employment. If you took leave without prior notification, the company may not be obligated to grant it, even with accumulated leave. However, submitting a doctor's certificate for subsequent applications may lead to consideration at the company's discretion.

Dr J C Vashista (Expert) 08 August 2020
Are you entitlled for sick leave in the company / firm registered under the provisions of State Shops & Establishment Act ?

Dr J C Vashista (Expert) 08 August 2020
Delhi Shops and Establishment Act, 1954 provides for leave in every year, to sickness or casual leave for a total period of not less than twelve days:

Provided that:
(i) an employee who has completed a period of four months in continuous employment, shall be entitled to not less than five days' privilege leave for every such completed period; and
(ii) an employee who has completed a period of one month in continuous employment, shall be entitled to not less than one day's casual leave for every month:

Provided further that a watchman or caretaker who has completed a period of twelve months in continuous employment and to whom the provisions of sections 8, 10, 11, 13 and 17 do not apply by virtue of an exemption granted under section 4, shall be entitled to not less than thirty days' privilege leave.

(1A) (i) Privilege leave to which an employee is entitled under clause (a) of sub-section (1) or under any such law, contract, custom or usage, award, settlement or agreement as is referred to in section 3, or any part of such leave, if not availed of by such employee, shall be added to the privilege leave in respect of any succeeding period to which he is so entitled to, however, the total period of such privilege leave which may be accumulated by such employee shall not at any one time exceed three times the period of privilege leave to which he is entitled after every twelve months' employment under that clause or under such law, contract, custom or usage, award, settlement or agreement.
(ii) Leave admissible under clause (b) of sub-section (1) shall not be accumulated.]
(2) If an employee entitled to leave under clause (a) of sub-section (1) of this section is discharged by his employer before he had been allowed the leave, or if, having applied for and having been refused the leave, he quits his employment before he has been allowed the leave, the employer shall pay him full wage for the period of leave due to him.

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Shilesh Patel (Expert) 08 August 2020
Send a written notice.

Rajendra K Goyal (Expert) 08 August 2020
Whether Company is private or in public sector.
You can be reimbursed if you were having balance of leave in your account and if the company is in Public sector.
If the employment is in Private sector, think twice in such a time of COVID-19 when most of the Companies are snatching jobs.
Discuss with the Management in humble and respectful way try to have amicable solution.

P. Venu (Expert) 08 August 2020
Has the leave, as applied, been refused or denied?

krishna mohan (Expert) 10 August 2020
If you have leave at credit, your employer can sanction. If they have not sanctioned, you cannot ask your right.

Hemant Agarwal (Expert) 10 August 2020
1. IF you have remained absent without informing (on phone /email) the Co., THEN the Co. is not bound to grant you Sick Leave, even if you have accumulated SL on record and shall mark you absent and deduct pay. There is nothing illegal about it.

2. Your subsequent SL application supported by Doctors Certificate should be given to Co., which "MAY" be considered, at Company's discretion.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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