I work in a BPO (Pvt Ltd) in Delhi for a US process. I took leave on this Independence Day and my employer issued me a warning letter. Also, my one day salary has been deducted. Can someone advise if it is mandatory to work on a national holiday?
19th August 2018 From India, Gurgaon
You need to check your company working policies.
Company works for an US process and probably needs employees involved with process to be available.
Took leave -- Does it mean you applied for leave prior to 15 Aug?
19th August 2018 From India, Pune
Dear member,
This is in addition to what Nathraoji has said.
Please note that most of the companies, while designing a policy on leave, include axiomatic statement at the beginning of policy and it is "leave is a privilege and not entitlement". Therefore, have you checked the leave policy of your company?
Whether this statement included or not, the procedure to avail of leave is to apply for leave in advance, get it approved by the HOD and then submit the application to the HR and then proceed on leave. Sometimes situation does not leave scope to follow this procedure. Therefore, companies show flexibility and allow the employees to proceed on leave and on resumption of their duties they can submit the application for the regularisation purposes. However, in such cases, before proceeding on leave employee are expected to obtain approval from their HOD.
Did you proceed on leave without obtaining permission from your HOD? Possibly, your manager saw your non-communication as effrontery. Hence the disciplinary action.
Thanks,
Dinesh Divekar
19th August 2018 From India, Bangalore
Availing Leave becomes Authorized Absence from Duty only when it is First Applied for as per laid down Procedure and Sanctioned by the Leave Sanctioning Authority. In cases of National Holidays declared, an Employed Person performing/Doing Essential Services as categorized by the Employer may avail Leave of Absence from Duty on a National Holiday Once the Leave for that Day is applied for and Specifically granted in writing, otherwise Compensatory Day Leave in lieu of the Working on a Natioanl Holiday can be applied for and sanctioned and availed on any day before expiry of the Calenday year.
The aforesaid is What Kritarth Team Members adhered to all along and we Look forwrad to Correct Action under the Laws applicable and the Precendences.
Kritarth Team,
19.8.2918
19th August 2018 From India, Delhi
Dear Colleague,
You stated that you work for pvt ltd BPO, for US process , having office in Delhi.
I suppose, you must have registered under Delhi Shops and Estt Act/Rules.
Under the Shops Act, generally 'Closed days' of the establishment are to be notified to the employees and the Shops Inspector at the beginning of the calendar year. These closed days include weekly off days and Paid Holidays. Check if your establishment has done this and whether Independence Day is one of the holidays included.
Independence Day is national holiday and it is compulsorily paid holiday. There is no need to apply for leave for this day. But due to exigencies of work, any employee is required to work on this day , then the Shops Act, provides for three times payment . Check if Delhi Shops act/rules has this provision.
In view of the above, the question of warning is illegal, let alone deduction of salary for this paid holiday.
Regards,
Vinayak Nagarkar
HR- Consultant
19th August 2018 From India, Mumbai
There are three issues here.
1.Taking leave on 15 Aug--number of members have commented on this-he needs to check leave policy
2.Salary deduction tentamounts to disciplinary action and should not be resorted without show cause notice unless Standing Orders have the clause to that effect.
3.Warning letter-- Once salary has been deducted, which is a disciplinary can not be followed by another disciplinary action of issue of warning letter.
Not a correct way of dealing with the issue as per my perception.
Regards,
Col.Suresh Rathi
20th August 2018 From India, Delhi
Hi
I am sure if you are working for a BPO that caters to the offices located in USA your working hours will be in the evening. You may not be able to justify your point here if you go for any legal action. It seems more of getting even with your employer than any proper understanding of the company policies. If you have signed your employment letter and have been working as per the policies of the company there is no reason it is implied that you had agreed to them. Sorry to say but it seems that you went on an unauthorized leave [without prior approval] but got agitated because you were also made to lose the salary for the day. In general Republic Day, Gandhi Jayanthi, Labour Day, Independence Day plus the State formation [in few states] are compulsory holidays but having said that you need to understand that there are quite a few services which are available on these days including the BPOs. These companies provide jobs to thousands of people and most of the companies follow US holidays. You cannot enjoy both the holidays, for sure.
Do not take any hasty decision as it might hurt your growth in the future in this company.
Thanks and Regards
20th August 2018 From India, Hyderabad
Dear friend
The action of your employer is inappropriate. You discuss with HR on what ground they did so.
The National Holidays and Festival Holidays are something different from other types of leave. The establishment must have its approved holidays for 2018 as per shops & commercial esablishment act & rules. Whether your establishment has communicated holidays for the year2018. Your establishment may be working for USA/Australia/france has got no meaning has to abide by the rules of the land where they are operating.
If you do not get any suitable answer from your HR then can knock the door of labour department for justice.
20th August 2018 From India, Mumbai
Hello Everyone,
As forum friend stated in his post, he is working in US BPO (so first he need to check what all leaves are provided by organisation), because may be Indian holiday are not sanctioned for them. Also he need to send a humble inquiry request to HR of the company and get the reason for his deduction, and afterwards he can take action with proof. Make sure he should applied for leaves before 15th August.
21st August 2018 From India, Delhi
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