Saswatabanerjee
Partner - Risk Management
Kamalkantps
Advocate
Ramanarg
Clinical Hypnotherapist, Psychological Counselor,
+1 Other

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Dear All,
I'm Working in one of the NBFC from past 14 months as per company policy we can availe 1 casual and 1 sick leave per month but our reporting manager( Area Manager Sales) is not permitting to avail leave if we have emergency also he is not ready to give the approval.Pls suggest us what we do we are facing main problem.
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Dear Rangaswamaiah,
The leaves are defined under the Karnatka Shops and Establishment Act. The relevant Section is section 15.
I guess you are provided less leaves. AS per section 15 you should have got 18 EL and 12 SL but you are getting 2x12= 24 leaves only. Leaves applied should be allowed by the management. You can inform the Labour Office about such refusal and they will surely take action against such management. Moreover any leave refused can be accumulated by you upto unlimited period and that shall not expire till the date you do not avail it or leave the company. I would suggest you to read section 15 of Karnatka Shops and Establishment Act. More particularly subsection 7, 8 and 9. you will find your answer.
Please also ask your management to raise your leaves at par the law provides to you. Otherwise do complain against them at Labour Commissioner's Office. You will surely get your leaves which you are entitled for.
Dear Kamal Kant,
Thank u for ur valuable suggestions. And 1 more thing i want to know if i'm complaint to labour commissioner's any problem for my future carrier in present company and other company. Pls suggest me.
Rangaswamaiah.G
Dear Rangaswamaiah, I do not think so. It is your right and nothing wrong in claiming it. Please note it is a greater sin to not appose the sinister. Be fearless and go ahead be God with you.
If you complain against yur company, surely yu will be looking for a new job pretty soon.
It will be difficult for you to explain to your new company why u left the old one. No ne wants a trouble maker. Any background check will reveal the reason why your previous company sent you packing.
Your career will be at a dead end irrespective of what god you pray to.
To answer your original question, you need to take up with your hr team or senior management the problem with not being allowed leave. However, you need to be prepared with details of how many time you applied and denied,etc. getting similar move from your colleagues will be better
Before that, try speaking to your reporting manager and see if you can get him to resolve the problem at up his end. That is a better thing as he will be annoyed when yu go to the a management and complain against him
My dear Friend,
It is the sole discretion of the boss to whom we report to sanction our leave. A boss would normally consider two things while sanctioning leave:-
1. whether the cause of leave is genuine.
2. whether the work would suffer due to your absence.
When the boss does have apprehensions about the cause of leave (with or without precedence), leave is denied.
When there is no assurance on your part to see the work is not suffered, boss will prevent you from going on leave.
As per rule we can take leave whereas in reality we can\'t. Unless otherwise you have a smooth working relationship with your boss, I am sorry you cannot go on leave as and when you feel so.
As suggested by another member, when you go for legal remedy, you will certainly complicate the issue and may want to look for jobs outside as cautioned by another member!
My suggestion is, win over the confidence of your boss and have a smooth relationship.
Regards.
ganesh ramachandran
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