Thread Started by #bjroy58@gmail.com

Our Organization is a Society located in Gurgaon (Haryana) registered under the Societies Registration Act and is also registered under the Punjab & Haryana Shops & Establishments Act.
Under our establishment's Leave Rules, an Employee is entitled to following leaves :
EL: 15 Days
CL: 12 Days
National/Regional Holidays : 10 Days
As per Leave Rules, EL & CL cannot be clubbed & CL cannot be availed for more than 2 days. 1 day EL & 1 day CL is credited to employee's account at the beginning of each Month. Balance 3 EL are credited as 1 day EL for months of Oct, Nov & Dec.
Can anyone plz advise if Deduction of Pay will be applicable in the following example :
a) An Employee has 4 days EL & 3 days CL due to him.
b) He takes EL Leave for 4 Days but joins after 6 days.
Question : Should I deduct 2 day's Salary from his Pay (as excess EL availed) or can the excess leave be adjusted against CL leave balance ? Now, the Rules say that EL & CL cannot be clubbed together.
Can any of our learned members provide an answer ASAP.
Regards
19th June 2018 From India, Gurgaon
Dear Friend,
As your leave rules specifically speaks that EL & CL can not be clubbed so any additional absence over and above the eligible leave is an absence hence you can deduct the salary for the extra 2 days availed.
Regards
Kamesh
19th June 2018 From India, Hyderabad
Thanks friend Kamesh 333.
One other related question plz:
Although the Punjab & Haryana Shops & Establishments Act stipulates that un-availed EL leaves can be carried forward into next year (upto 40 days Max, I think) , our Management has ruled this out saying that "these are guidelines only, an establishment can choose to follow or not to follow these rules as it is not a Government organization".
Is this stand correct ?
Regards
Bhaskar J. Roy
19th June 2018 From India, Gurgaon
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