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Dhani23
Hello everyone. I want to clear some doubts regarding leave taken by employee. Recently it has happened in my company that 2-3 employee took leave on saturday followed by sunday and monday was holiday. Now management decided to consider all these 3 days as without pay as employees didn't take any prior approval bcz they are on probation. Is this right according to the law. How to consider leave taken before or after any two holidays. Kindly Advise
From India, Mumbai
Avika
117

Dear Dhani,
Technically, you can only consider Saturday as 'absent' or 'unauthorised leave' if they have re-joined on Tuesday.
Sunday and Monday were holidays.
In case they did not join back on Tuesday, then all 4 days can be treated as 'absent' or 'unauthorised leave'.
I hope this helps you.
Thanks & Regards,
Avika

From India, New Delhi
Labour Law Index
180

Legally your management will violate the Shops and Establishment Act of Your State. If it is Maharashtra then see https://shopsandestablishmentactsindia.quora.com/. Because Sunday is the weekly holiday (If there is no other day so designated) and you have allowed Monday as a declared holiday. So one cannot do that. You can deduct money for the other days.
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From India, Kolkata
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