Umakanthan53
Labour Law & Hr Consultant
Loginmiraclelogistics
Asso.prof.(commerce & Management)
Nagarkar Vinayak L
Hr And Employee Relations Consultant
Bijay_majumdar
Freelancer In Hr &indirect Taxes For
[email protected]
Retired Government Servant/advocate
KK!HR
Management Consultancy

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Anonymous
I have joined a new firm. The firm pays wages if we give leave application and enters it as EL, CL.
SL only in case we give SL application, else no SL. If no leave application is given, the firm deducts salary and enters absent.
Is this process right? There is no leave with wages register, only attendance register (so no sign).
So if we don't give any application (or inform about our leave beforehand), can the firm deduct all our wages without giving us our rights of CL, SL, EL which we are entitled to.

From India, Bengaluru
Dear friend,

First of all, 'availing leave' without proper approval is not a right. Ofcourse except unexpected emergencies. If an employee is absent without properly approved leave nothing but absent. And absent never earns any wage. It's is not a good habit or ideal HR practices as well. Your office is right deducts salary by entering absent when there is no approval of 'leave of absence'. There should be leave with wages register and entries should be made appropriately. That comes secondary. If you don't give/send a leave application there cannot be any approval of leave intented. So where is the question of paying wages, 'no work no pay'. As a bonafide employee it's the primary duty of the employee to mark present when he/she on duty, if not it goes without saying he/she is absenting from work. Just because there is earned leave in leave a/c it doesn't mean automatic grant of leave when absent. Prior approval on a formal application is necessary for granting 'leave with wages' if either no application & approval thereof or no application at all it means absent only. There is no question of right in absenting, absenting is not a right of an employee. Employee is expected to follow office discipline & practices in work places.

From India, Bangalore
Leave is never a matter of right, it is sanctioned subject to exigencies of work. If no leave application is given, the employer is justified in treating it as absence without pay. To treat absence as CL/EL/SL depends on the choice the employee makes. To be absent without pay is not a welcome practice, particularly at the beginning of the career.
From India, Mumbai
Anonymous
Ok, leaves are not a right, but generally law says we should be given 12 CL, 12 SL and EL. If we do not inform in advance about our leaves to firm, do we have no right to get them. Cant we complain law officers that we dont get leaves.
And How to challenge firm if they maintain fake Present & Absent in attendance register, since there is no sign? If I have never been absent, but if firm shows 3 absents in attendance register, how to challenge it. Since I have not given any leave application, firm can keep any number of absents which is wrong.

From India, Bengaluru
Since you were present, there would be some evidence of having attended the office, mention that and challenge the attendance reported against you. At least for the future, create a daily report to indicate your presence in the office.
From India, Mumbai
Leave is previlage given to employee by employer.
To be absent with out approval of any leave or to take leave without proper submission of leave application and its approval is not allowed in any organisation.

From India, Vadodara
Apart from legal compulsion or contractual commitment, mutual faith and confidence are the driving factors behind every contract between two or more individuals and the contract of employment is no exception. An employee works under the employer through out with the faith in the employer that he would certainly pay at the end of the wage period. If the employer fails or refutes his obligation under false reasons, the employee should be dare enough to initiate legal action against the employer disproving his stand with substantial evidence. Similar is the situation when an employer unscrupulously makes false entries in the attendance and leave registers in his exclusive possession. Leave is a statutory employment benefit subject to certain reasonable restrictions. Such restrictions are not intended to deny the leave benefit to the employees outrightly by the employer; that's why leave has been divided variously into distinct types. For example, leave due to sudden illness lasting for a day or two cannot be taken with any prior sanction of the employer.

Coming to the issue of employer making false entries in the employment registers maintained by him, concerned employee should agitate then and there when it comes to his notice and make a complaint to the labor inspector for the area. If it is the usual malpractice of the employer, all the employees in the establishment should join hands, collect evidence secretly as suggested by Mr.KK!HR and use them boldly when the occasion arises. They should make it a regular practice to submit leave application in writing.

When the employer happens to be an unreliable person in his words and deeds, any third person can only tender advice to the affected employee to be more vigilant and watchful only and if not possible, to seek an alternative employment only.

From India, Salem
Dear colleague,
Though leave with wages is statutory right of an employee, it is always subject to the laid down leave procedure duly notified to the employees.
Generally rules prescribe that for any absence from duty has to be with prior permission/approval or at least intimation in cases of emergency to the leave sanctioning authority. In both the cases, leave application has to be made if leave rules require so.
Assuming the leave rules are in place, if no leave application , prior or post absence is made, the employer is within his right to treat it as an unauthorised absence for which no wages can be paid.
But to do this is against good HR practice as no such harsh action of treating it absence without wages be taken for just failure to submit leave application. The person could be verbally warned not to do again and let it go off. This is particularly right approach in case of first timer employee.
You are advised to correct your behaviour first before finding fault with the employer. The matter gets sorted out in an amicable manner through discussions rather than acting in vindictive manner with "rule book" mindset by either party.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai
For more details you can read Section 79 & 80 of The Factories Act, 1948
From India, Delhi
Wages/salary is the remuneration of work performed. No employee is entitled for wages as a matter of right just because of his appointment. To my knowledge, there is no such law or such principle of law or equity. On the contrary, onus rests with the employee to either attend to duty or if absent, to apply for leave as eligible.
From India, Kochi
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