Break In Services

Dear Friends,
My name is Abhishek. I am working in a Real Estate Company in Delhi. I want to know that if an employee is on leave due to medical reasons (Fracture/ Slip Disc etc) for more than two months and all his accrued leaves have exhausted then whether his LWP (leave without pay) shall be traetaed as "Break In Services". What does the Law says about this? Please advise.
Thanks & Warm Regards
Abhishek

Hi,
First, what are the leave rules of your company (if any!)?
Then, I need to know if your company is registered under local Shops & Commercial Establishments Act.
Pending these two queries, I state that your being on LWP is NOT a break in service!
But such nice sounding advices depend upon:
1) Applicable law.
2) The terms and conditions of your employment ( these are normally outlined in your letter of appointment).
3) Service applicable to you and if these provide for any such contingency thatr you may have agreed to initially0inadvertantly.
Even so, in the normalcy of employment situations, LWP is NOT a break in service. I am aware I may have to revise my opinion if the above dicuments provide to the contrary. Would you like to check these out and inform me?
Regards
samvedan
June 9, 2007

Dear Samvedan ,
Thanks for the reply. Let me answer your queries firdt.
Our company is a public limited comapny and is covered under Delhi Shop's & Establishment Act. Employees can enjoy 12 CL and 15 PL in a financial year.
So you mean to say that if our company adds this "LWP & Break in services" point in the employment agreement then it will be legal??????
Waiting for your expert advise.
Regards
Abhishek

Hi,

No, I did not mean that at all. Such a provision will be unsustainable in the eyes of law anyway. I just wanted to know where we stand!

Now, did you ask for LWP to be sanctioned for the very reasons that it had to be LWP? If you asked for the same to be sanctioned and it was sanctioned, the LWP shall not be break in service. If you had NOT asked for such a sanction but were allowed to be away (even without a sanction) again it will not be break in service.

At worse the company, may take a negative view of your absence on LWP despite the genuineness of the reasons and that would be unfortunate but it will still NOT be a break in service.

Therefore on all counts this LWP will NOT lead to break in service, but sometime some companies do make provisions to this effect and while they allow the candidate to continue to hold the job, they deprive him of continuity of servive and make it difficult for him for waiting again for FIVE years for gratuity!!! I just wanted to know that your company was NOT of this type.

It is clear based on the data provided by you that the LWP will NOT cause break in service in your case.

Cheers & regards

samvedan

June 9, 2007