RAGHAVENDRAN 22 July 2015
Sir ,
As I am working in privite corporate company . My desired posted place is delhi. And i worked there for 8 months in Delhi then they sent for temporary posting to alhabad. Now its 4 Months gone when I asked for Leave due to family problem. They are saying give your resignation and go. Sir How can i Handle it legally Sir Please Kindly guide me.
Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 22 July 2015
Sir,
Kindly refer the leave colunm in you appointment letter and otherwise they are bound to give leave when its allowed as per eplloyment law.
Warm Regards
Kapil Chandna Advocate
9899011450
RAGHAVENDRAN 24 July 2015
Sir saw that 2 days in month on paid basis is allowed. But they still not provinding the leave and whenever i ask they only say that resign and go.
Sudhir Kumar, Advocate (Advocate) 25 July 2015
EVEN A GOVT EMPLOYEE CANNOT CLAIM LEAVE AS A MATTER OF RIGHT EVEN IF ADMISSIBLE AND LEAVE BALANCE AVAILABLE IN CREDIT.
Kumar Doab (FIN) 27 July 2015
Don’t get carried away by the whims and fancies of bosses and opinions.
Apply for leave in writing and under proper acknowledgment and let them decline in writing or record their tantrums and dialogues (audio/visual/witnessed/minuted)!
The leave in your sector shall be governed by the enactments applicable to the establishment, employer, and employee.
The establishment and employer can not offer leave rules and entitlement inferior to as provided for in enactments applicable but can offer superior benefits thru negotiated settlements, standing orders.
First of all determine the establishment is commercial or Industrial?
The registration certificate has to be displayed near entrance!
Then check who is the employer/Manager/Agent of employer as in registration Certificate?
Is it stated in appointment letter issued to you that your job is transferable?
Do the standing orders apply to establishment and does the establishment has its certified standing orders and is your designation covered by certified standing orders or Model Standing orders shall apply to it? The standing orders are to be displayed at a conspicuous place in establishment/notice board and a certified copy should be circulated to employees and/or maintained in some shared portal/in knowledge domain of employee.
What is your designation and nature of duties?
Do you have power to sanction (not just recommend) leave/increment/appoint/terminate?
How many persons report to you?
How many persons are employed in establishment?
Are you a member of employee’s/Trade Unions?
Does the company have its GRC/Works Committee/IC/recognized union of employees?
Once you have determined the enactment that is applicable you may carefully go thru the language in section on leave::::
e.g:
If the establishment is commercial then leave in it shall be governed by:
U.P. Dookan aur Vanijya Adhishthan Adhiniyam, 1962
https://labour.up.nic.in/labourcommissioner/dookan62.htm
10. Earned leave, sickness leave and casual leave.: (1) Every employee……………. be entitled to
(4) Subject to the provisions of the rules made under this Act, all leave shall be granted when applied for.
This implies that leave can not be refused.
A commercial establishment for private gains is not defending borders of the nation that any leave can be declined and employee can be called back on duty even if he is married on the same day and has to celebrate honeymoon/perform customs…………..
Likewise you may go thru the language in standing orders e.g. Model Satnding Orders;Sec:9
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