Earned leave in the 1st year of service

Hi

 

You are working in factory or other industires, pls clarify.

EL/PL will be given one day for every 20 worked days, provided it will be eligible to avail after successfully completed 240 days.

The leave policy of the establishment shall be governed by enactments applicable to it............e.g.

( Name of the state) Shops and Commercial Establishments Act...................

The leave policy can provide superior benefits but not inferior benefits........

Gujarat followed Bombay Shops and Commercial Establishments Act...and Gujarat Shops and Commercial Establishments Act...is available on the website of Dept. of labor  Gujarat...

Hi, I work with a Trading Company ando we are into EXIM business. As I said I joined on 3rd March 2014 and today is 31st Dec. 2014, I presume it's almost 10 months minus 22 leaves inclusive of my ELs and CLs and office holidays. Please suggest me how to save my hard earned money.

The idiot HR manager is anew idiot and taking a stand that company policy in employee handbook is above government made labour laws.

The employers push the HR personnel in the front.

The HR personnel:over enthusiastic or over ambitious or very needy of the job err by not educating the employer that policy has errors and establishment can be penalized......

 

You may submit a gentle communication in writing under proper acknowledgment to good offcies of appointing authority,MD......

 

Prior to that you can speak to Inspector appointed under the Act whose contact details should be available on the govt.website.......and satisfy yourself... 

Dear Mr. Kumar, Thank you for understanding the situation. I am hereby attaching a few pages from my company's leave policy and would like to understand your and other fellow members' views on this before knocking the doors of higher authorities. As you can all understand, labour laws are not so seriously implemented in India, despite the best intentions of our Honourable Prime Minister and any of my acts can hurt the ego of any of the higher authorities of my company. I hope you can understand.

@Ankur,

You want someone else to wet your view point.

The only person that can do so and penalize the HR personnel termed as 'Idiot by you' is Inspector under 

Gujarat Shops and Commercial Establishments Act, and also under Payment of Wages Act::

The contact details of the Inspector (Labor Inspector might be functioning as Inspector under this Act and also as Inspector under Payment of Wages Act) and latest version of the Act might be available at the website of the Dept. of Labor or you may buy from market.

One version of the Act can be downloaded from:

 

https://www.citelegal.com/1858-gujarat-shops-establishment-act.html 

 

Holidays are separately provided for in the Act......(Sec:31)

Leave and pay during leave is separately provided for in the Act......(Sec:35,36)

In addition to CL-7,SL-7, leave for 4 additional days of National gazetted holidays is provided, Annual leave is entitled to an employee that has worked for 30 days in a year and it is apparently not stated that employee shall be eligible to avail it in next year..... 

 

It is good that you want to get what you deserve.......and you are a smart guy and you can very well relate.....

 

Speak to the Inspector for final understanding of the matter.

YOu should also maintain touch with Employee's/Trade Union Leaders....

You may proceed as advised by the above expert in this regard.

nothing more to add

Dear All,

 

Thank you very much for all your support and suggestions. I am into negotiation with HR department now and I hope we will reach a win win this time, without reaching a situation to file complaint against my company. In case, if unfortunately this fails, I will sure proceed to take legal action whatever is necessary.

 

regards,

Ankur Srivastava

That is precisely what an employee should do:

1.Negotiate with Line managers/HR personnel/reporting authority/HOD etc  and remain amiable and gentle,concise,precise,specific and avoid emotional outbursts.

 

2. If Line managers/HR personnel/reporting authority/HOD etc do not provide any relief within reasonable time escalate to good offices of appointing authority, MD..........

 

3. If god offices do not provide relief approach lawful authority and court of law............thru an able Labor Law Consultant/Service Lawyer, Employee's/Trade Unions.......

 

4. Become member of employee's /Trade unions and be properly informed. The unions can help to form 'Works Commitee 'that is an authority as per ID Act and this committee shall have President from Employee's side and equal number of employees........................, GRC (Grievance Redressal Committe) that many states like Karnataka has made mandatory and this committee shall have equal number of employees................

The unions and committee's can negotiate service conditions and such issues as posted by you and employer shall always provide superior benefits  and shall not dare to provide inferior benefits............

 

 

Employee should defend his interest ...................................work sincerely and justify every penny of salary paid by employer...

The leave rules are very clear and as per rules.