Struggling with Leave Denial and Unfair Work Policies: How Can I Address This with HR?

Hi, I work in a Pune-based BPO that operates on rotational shifts. Recently, I applied for leave for Diwali to visit my hometown. Initially, management denied my 7-day leave request (2 days weekly off + 5 days leave) and instead approved 3 days of leave + 2 weekly offs. However, the management has now informed me that I should apply for 5 days of leave as they will cancel my 2 weekly offs and count them as leave. According to the company policy, I cannot take weekly offs if I have not worked for 3 days in a week. The policy also mentions that a combination of CL and DLs can override this rule. I suggested to management that I require 2 CL and 1 DL along with 2 weekly offs. The company is rejecting my proposal and insisting that I apply for 5 days of CL. Additionally, the company expects me to work continuously for 9 days without any weekly offs in between.

Furthermore, the company does not provide any national or festive holidays. When questioned about this, the company explained that DLs (Discretionary Leave) serve as compensatory leaves for National and Festive holidays. Despite working on national holidays, the company does not adhere to the double payment requirement as per the labor laws of Maharashtra.

When I raised these concerns with HR, they mentioned that it is solely the manager's decision.

What steps can I take in this situation?

Unfair and Noncompliant Practices

All that your company is following is just unfair and noncompliant. They can refuse to grant you leave, but it should not be by saying that this is what the statute says. Therefore, you should either escalate the matter to the Labor Department or leave the company and seek another opportunity at the earliest. Escalating the issues to government authorities may seem unfair, but there is no other way for these companies to become legally compliant. Even the Big Fours are engaging in such illegal acts when they themselves claim to be employee-friendly organizations. However, there should be a way out for such situations. Therefore, make them aware of the rights of employees under the law in India.

Dear friend, you need to file a complaint with the labor office for violations of NH&FH and leaves as well. It is difficult to suggest a remedy without knowing your company and its adopted policies. There are no specific laws and rules that guide a company, and loopholes in acts, laws, and rules make the employers at an advantage.

Go and meet your Labor Commissioner and share your issues along with the company name and location. They will take care of the issue properly.

Challenges in Employee Leave Management

Fighting against the actions of the employer, almost quitting the company, and denying approval of leave applied are among the many issues arising in the course of employment in HRM. It's always said that 'granting leave' is not an automatic right of employees. However, in practice, most of the strain in the employee vs. employer relationship is due to the denial of leave, especially during important festivals.

Employees are not at ease regarding the grant of leave and weekly offs, and 'unfair labor practices' are often followed by employers. This can only be remedied by seeking the intervention of the ALC/Competent officers of the Labor Department. Unless you lodge a formal complaint with them, proper remedy cannot be achieved. Appropriate proofs must be collected and presented with the complaint. If you have a recognized union, your case can be taken up through them before seeking the intervention of the labor office.