Is It Fair to Get a Warning for Taking Leave on a National Holiday in a BPO?

I work in a BPO (Pvt Ltd) in Delhi for a US process. I took leave on this Independence Day, and my employer issued me a warning letter. Also, my one-day salary has been deducted. Can someone advise if it is mandatory to work on a national holiday?

You need to check your company's working policies. The company works for a US process and probably requires employees involved in the process to be available. Taking leave – does it mean you applied for leave prior to August 15?

Leave Policy: Privilege vs. Entitlement

This is in addition to what Nathraoji has said. Please note that most companies, while designing a leave policy, include an axiomatic statement at the beginning of the policy, which is "leave is a privilege and not an entitlement." Therefore, have you checked the leave policy of your company?

Whether this statement is included or not, the procedure to avail leave is to apply for leave in advance, get it approved by the HOD, and then submit the application to HR before proceeding on leave. Sometimes situations do not leave room to follow this procedure. Therefore, companies show flexibility and allow employees to proceed on leave. Upon resumption of their duties, they can submit the application for regularization purposes. However, in such cases, before proceeding on leave, employees are expected to obtain approval from their HOD.

Did you proceed on leave without obtaining permission from your HOD? Possibly, your manager saw your lack of communication as effrontery, hence the disciplinary action.

Thanks,

Dinesh Divekar

Leave Authorization and National Holidays

Availing leave becomes an authorized absence from duty only when it is first applied for as per the laid-down procedure and sanctioned by the leave sanctioning authority. In cases of national holidays declared, an employed person performing essential services as categorized by the employer may avail leave of absence from duty on a national holiday once the leave for that day is applied for and specifically granted in writing. Otherwise, compensatory day leave in lieu of working on a national holiday can be applied for, sanctioned, and availed before the expiry of the calendar year.

The aforesaid is what Kritarth Team members have adhered to all along, and we look forward to correct action under the laws applicable and the precedents.

Kritarth Team, 19.8.2018

Dear Colleague, you stated that you work for a Pvt. Ltd. BPO for the US process, with an office in Delhi. I suppose you must have registered under the Delhi Shops and Establishment Act/Rules. Under the Shops Act, generally, 'Closed days' of the establishment are to be notified to the employees and the Shops Inspector at the beginning of the calendar year. These closed days include weekly off days and paid holidays. Check if your establishment has done this and whether Independence Day is one of the holidays included.

Independence Day is a national holiday, and it is a compulsorily paid holiday. There is no need to apply for leave for this day. But due to exigencies of work, if any employee is required to work on this day, then the Shops Act provides for three times payment. Check if the Delhi Shops Act/Rules have this provision.

In view of the above, the question of warning is illegal, let alone the deduction of salary for this paid holiday.

Regards, Vinayak Nagarkar HR Consultant

Three Issues to Consider

1. Taking leave on 15 Aug - A number of members have commented on this; he needs to check the leave policy.

2. Salary deduction - This is tantamount to disciplinary action and should not be resorted to without a show-cause notice unless Standing Orders have a clause to that effect.

3. Warning letter - Once salary has been deducted, which is a disciplinary action, it cannot be followed by another disciplinary action of issuing a warning letter. This is not a correct way of dealing with the issue, as per my perception.

Regards, Col. Suresh Rathi

I am sure if you are working for a BPO that caters to offices located in the USA, your working hours will be in the evening. You may not be able to justify your point here if you go for any legal action. It seems more like getting even with your employer than a proper understanding of the company policies. If you have signed your employment letter and have been working as per the policies of the company, it is implied that you had agreed to them. Sorry to say, but it seems that you went on unauthorized leave [without prior approval] and got agitated because you were also made to lose the salary for the day.

Compulsory Holidays

In general, Republic Day, Gandhi Jayanthi, Labour Day, Independence Day, plus the State formation [in a few states] are compulsory holidays. However, you need to understand that there are quite a few services available on these days, including the BPOs. These companies provide jobs to thousands of people, and most of the companies follow US holidays. You cannot enjoy both holidays, for sure.

Do not make any hasty decisions as it might hurt your growth in the future in this company.

Thanks and Regards

The action of your employer is inappropriate. You should discuss with HR on what grounds they took such action. National Holidays and Festival Holidays are different from other types of leave. The establishment must have its approved holidays for 2018 as per the Shops & Commercial Establishment Act and rules. Have the holidays for the year 2018 been communicated by your establishment? The fact that your establishment may be working for the USA, Australia, or France does not mean they are exempt from abiding by the rules of the country where they operate.

If you do not receive a satisfactory answer from HR, you can seek justice by approaching the labor department.

Hello Everyone,

As a forum friend stated in his post, he is working in a US BPO (so first, he needs to check what all leaves are provided by the organization), because maybe Indian holidays are not sanctioned for them. Also, he needs to send a humble inquiry request to the HR of the company and get the reason for his deduction, and afterwards, he can take action with proof. Make sure he should apply for leaves before the 15th of August.