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naresh-rana
1

As per the leave rule, leave is not right, and it can revoked during exigency. Can management restrict leave to avoid overtime in shift duty? In shifts, employees can't go home without a reliever. If management is forced to prevent leaves - what is the solution?
Can management deduct wages for overtime in the name of a shortage of overtime funds? Please tell me the solution and place where to complain or raise a dispute.

From India, Vadodara
raghunath_bv
152

Hi Naresh,

The specific rules and regulations regarding leave, overtime, and wage deductions can vary depending from state to state, or labour laws.Labour laws are typically designed to protect the rights of both employers and employees, and they often outline the procedures and conditions under which leave can be granted or denied, overtime can be required, and wages can be deducted.

In general, employers have the right to manage their workforce and may restrict leave during busy periods or emergencies. However, this is usually subject to compliance with relevant labour laws and employment contracts. Deducting wages for overtime due to a shortage of overtime funds may not be legal in many jurisdictions, as employees are usually entitled to fair compensation for their work.

Here are some general suggestions:
Check Employment Contracts and Company Policies:
Review your employment contract and any company policies related to leave, overtime, and wage deductions. These documents often outline the rights and responsibilities of both the employer and the employee.

Consult with HR or Management:
If you have concerns or questions about leave restrictions, overtime, or wage deductions, it's advisable to consult with your human resources department or management. They should be able to provide clarification on company policies and address any issues.

Labour Laws and Regulatory Authorities:
Familiarize yourself with the labour laws and regulations applicable to your location. Labor departments or regulatory authorities that oversee employment practices. If you believe your rights are being violated, you may consider filing a complaint with the relevant labour authority.

Legal Advice:
If you're unsure about the legality of certain actions taken by your employer, it may be worthwhile to seek legal advice. Lawyers with HR background can provide guidance based on the specific details of your situation.

Employee Representative or Union:
If you are a member of a union or have an employee representative, you may seek their advice and assistance in addressing workplace issues. Unions often negotiate collective agreements that govern employment terms and conditions.

Government Agencies and Ombudsman Offices:
These entities can provide information, mediation services, or guidance on how to proceed with a formal complaint.

The specific steps and options available to you may depend on the laws and regulations in your jurisdiction. Always consider seeking professional advice tailored to your situation for the most accurate guidance.

Thanks,

From India, Bangalore
naresh-rana
1

Thanks Sir for your reply. I am working in PSU fortune 500 company and it was frequently overtime wages deducted in the end of financial year due to the shortage of overtime fund. How ever Management pay it after 3 to 4 months but I want to eliminate this practice. There is no question of profit and money but it was one kind of pester to employees.
and also please tell about the leave restriction if no exigency or emergencies but only to restrict overtime of shift duty employees only , not for officer and general shift employees

From India, Vadodara
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