We have hired a candidate from the 3rd party and they us a contract stating 1 day leave for the employee and Saturday, Sunday off. He started working on the projects from 5th December. He took leave on 16th (Friday), 19th & 20th (Monday & Tuesday) which ideally should considered as 5 days as per 'Sandwich Rule' which included Saturday & Sunday. Moreover, he also took holiday emergency leaves on 26th full-day and 27th half-day which impacted the entire project team who were sitting for him.

Now the 3rd party is saying that we have to pay for emergency also which he has taken to drop his friend to hospital. According to us around 6.5 days salary should be cut from the salary.

What are your views?

From India, Mumbai
Dinesh Divekar
Business Mentor, Consultant And Trainer

Dinesh Divekar

Dear Neha,

For the regular employees of your company, you must have designed the leave policy. Please follow the same provisions for the outsourced (contract) employees. The third party cannot detect the terms to the principal employer.

Now coming to the employee. Employee leave is a privilege and not an entitlement. Before availing of leave, the employee must obtain proper approval to avail of the leave and then proceed on leave. If the reporting authority does not approve leave and still the employee abstains from the duties, then it will be considered an an unauthorised absence.

Again the rules for unauthorised absence will remain the same for the contract employees. They cannot enjoy more or fewer privileges.


Dinesh Divekar

From India, Bangalore

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