We have hired a candidate from a third party, and they gave us a contract stating one day of leave for the employee and Saturday and Sunday off. He started working on the projects from the 5th of December. He took leave on the 16th (Friday), 19th, and 20th (Monday and Tuesday), which ideally should be considered as five days as per the 'Sandwich Rule,' which includes Saturday and Sunday. Moreover, he also took emergency holiday leave on the 26th for the full day and on the 27th for a half day, which impacted the entire project team who were covering for him.
Now, the third party is saying that we have to pay for the emergency leave he took to accompany his friend to the hospital. According to us, around 6.5 days' salary should be deducted from his salary.
What are your views?
From India, Mumbai
Acknowledge(0)
Amend(0)
Now, the third party is saying that we have to pay for the emergency leave he took to accompany his friend to the hospital. According to us, around 6.5 days' salary should be deducted from his salary.
What are your views?
From India, Mumbai
Acknowledge(0)Amend(0)
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 dictate 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 unauthorized absence.
Again, the rules for unauthorized absence will remain the same for the contract employees. They cannot enjoy more or fewer privileges.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
8036For 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 dictate 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 unauthorized absence.
Again, the rules for unauthorized absence will remain the same for the contract employees. They cannot enjoy more or fewer privileges.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)Join Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf