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Jayanthi MANJUNATH   12 May 2021

Employer forcing employee to go on leave

One school in Bangalore is forcing it's employees to go on LWP even though we have leave balance of almost 42 days. Is there any labour law around this so that we can quote to take those paid leaves instead of going on LWP


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 7 Replies

Pradipta Nath (Advocate)     12 May 2021

How can an employee force you for taking LWP! Ask him to notify that else it is near to impossible to prove that the Employer actually forced!

Sankaranarayanan (Advocate)     12 May 2021

Give more clarity about your query. School means how many teachers are working? Consult local lawyer and issue notice to the management if the facts are favour to you

G.L.N. Prasad (Retired employee.)     13 May 2021

When the tide is not in your favor, wait for better times.  Due to Covid, schools are not permitted to recover tuition fees, and in all most all private schools and colleges, the management is not able to pay salaries.  The main income for institutions is through fees and none of the schools are viable.  The private school teachers are having the most powerful associations, affiliated to parties, and in some states, the State Govt has taken all such aided schools and absorbed the teachers as Govt teachers.  The private management might have taken teachers without following rules and regulations, depending on necessity etc.  Please either co-operate with management or explore other options through Teacher's Association guidance as the times are not normal and the state was under lockdown for several months.

P. Venu (Advocate)     13 May 2021

What are the reasons for such coercion? 

T. Kalaiselvan, Advocate (Advocate)     13 May 2021

The employees hav rights to avail leaves available to their credit.

The school management cannot force the employees to go on leave without pay, this  is against the labor laws of the country.

Did the management give this decision in writing, if so you can challenge the same in court of law by first giving him a legal notice asking for his explanation for this unlawful decision

 

Dr J C Vashista (Advocate)     14 May 2021

What is the reason/ plea quoted by management for alleged forcing employees for LWP, which management can not compel and experts can not predict ?

It is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

 

Ritesh Maity (Labour Law Advocate)     18 May 2021

If your employer is asking you to avail LWP, please tell your employer to communicate in writing. Otherwise, you will unable to prove that employer as asked you to avail LWP and it was not your own wish.


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