rahul sharma (software developer) 26 August 2011

No leave for contractual employee

Hii Friends I want your precious advice on leaves for contractual employee. As i am working as Project Engg in STQC(central government) on contractual basis my payrole is third party. I am working from since last 4 months.

due to some reson i haven taken two holidays and they have deducted my salary an warned me that the contractual employee cant not take any holidays . sotherefore i request u give me some suggestion how i can give my reply on this matter

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6 Replies

Ashok Yadav (Lawyer) 26 August 2011

Terms of your services shall be governed by the contract terms which was signed by you and your employer.

rahul sharma (software developer) 26 August 2011

I have signed only offer letter which does have any agreement about the holiday a employee can have. and How a company can make such a no Leave policy.

V. VASUDEVAN (LEGAL COUNSEL) 26 August 2011

Every Contract Employee is entitled for the leave during their tenure, based on the Leaves provided by the local Shops & COmmercial Establishment Act. The numbers of leaves of CL/SL/PL has to be allocated proprtinate for the tenure of the fixed term. The Central Government being responsible as Principal Employer to ensure that the laws governing the contract employment are complied, approach them. However, care should be taken to review the fixed term employment contract which usually provide for termination with a shorter notice period - trouble may brew in the form of a notice for termination of the contract!

rahul sharma (software developer) 29 August 2011

But sir they still say no leaves they have deducted my salary for two leaves

Labour Insp (Labous Ins) 03 October 2011

Hi Rahul,

I have read your message and I believe that a strict action should be taken against such principal employers that is STQC employee. According to contract labour law you have right to take leave . You can go for your Labour Inspector of your area. Or if u want some cataclysmic action against them than you can go for local union , they will help you. and regarding termination they can do but they have to loose there jobs and expenses.Alternatively , you must have a readily list of the employees so that you can take a quick action against mental harasment to you.

Regards