Unauthorized salary deduction by leave without pay

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1. The leave is part of service conditions and leave policy is governed by various enactments that apply to establishment/employer/employee.

The employer can frame its leave policy that provides for superior benefits than applicable enactments but can’t provide for inferior benefits.

2. Your employer is third party that has seconded/deputed you to its client.

As per extract posted by you, the leave policy of client shall be applicable.

Has the copy of leave policy been provided to you on DOJ and any change in it thereafter?

3. Is it stated in offer/appointment letter that leave sanctioning authority shall be Manager of client?

4. Did you initiate/inform, CL to leave sanctioning authority, before proceeding on leave?

5. Did you submit leave application after joining back?

6. Has salary slip been issued to you and does it show deduction?

Dear Mr. Kumar Doab,

Thanks for your promt reply & guidance to way forward. 

2. Your employer is third party that has seconded/deputed you to its client.

As per extract posted by you, the leave policy of client shall be applicable.

Has the copy of leave policy been provided to you on DOJ and any change in it thereafter? Re: I shall ask or try to get leave policy.

3. Is it stated in offer/appointment letter that leave sanctioning authority shall be Manager of client?

Re: There is no such confirmation as I don't have leave policy.

4. Did you initiate/inform, CL to leave sanctioning authority, before proceeding on leave?

Re: I have informed my reporting manager.

5. Did you submit leave application after joining back?

Re:Yes. I have applied for leaves as returned back though internal software.

6. Has salary slip been issued to you and does it show deduction?

Re: salary slip yet to come.

I will keep you posted as I get rest of documents, Thanks for the same.

Warm Regards,

Ajeet Kumar

Appreciate that you have promptly responded to all points, pointwise.

Such response by querist get attention.

7. What is this establishment  (Both: that employed you and Client); Govt/Private::::Commercial, Industrial?

8. You are located in which state?

9. How many person are employed in establishment?

10. What is your designation and nature of duties?

11. Since how many months you are employed with this establishment?

12. Does it have its standing orders ( Model, Certified) and is your desgnation covered by these?

In response to your replies 1-6.

Mention in leave application/subsequent communique  that you have informed reporting manager Mr/Ms....................Name of company.......................address..............on dated................by say; phone call ( mention both phone numbers/date/time)....................

Download copy of Leave application and proof of its submission.

Dear Mr. Kumar,

Sure, I will follow the same procedure & will come in case your more precious guidance.

Thanks again to lead towards solution & help.

Regards,

Ajeet Kumar

You have not replied to points 7-12.

Thanks for being coordial!

Please find the more details;

7. What is this establishment  (Both: that employed you and Client); Govt/Private::::Commercial, Industrial?

My parent company founded in 1992 & client establishment is in 1996

8. You are located in which state?

Uttar Pradesh

9. How many person are employed in establishment?

On client, there are 200-300 working on third party payroll. & parent company has more than 30,000 offrole empoyees 

10. What is your designation and nature of duties?

I am in HR (Irony of the situation) & Taking care of talent acquisition part. 

11. Since how many months you are employed with this establishment?

11 Month

12. Does it have its standing orders ( Model, Certified) and is your desgnation covered by these?

Yes. (Organisation asked to come employees on Non-working days & also penalise by LOP in case of absece)

As, I am working here & looking to continue my emloyement. I am aware that being a contractual employee, my rights are limited on certain extent. There are also few more employees who are suffering from this particular situation. Kindly guide me to handle this situation so that I could continue my employement too.

Will look for valuable steps & thanks a lot.

Regards,

Ajeet Kumar

You have not posted clear reply to 7.

You may also clarify if you have power to sanction (not just recommendation) : leave/increment/appoint/terminate?

Can anyone cancel/change/amend your sanction and/or recommendation.

The idea is assess if you are an authority Or just  a paper pusher.