I believe that it is not against any Government of India rules or procedures to carry out any official duties (such as submitting medical reimbursement bills, writing ACRs of subordinates, attending official meetings, writing official reminders for submitting required information, etc.) while being on Earned Leave (local stay). Please confirm.
From India, Dehra Dun
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1From India, Dehra Dun
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Dear Cpk_nih,
That depends on why he is doing it. If he has not completed the assigned task and he is willing to do it during his paid leave, then it's his call if the management is okay with that. If he has completed the task, but the employer has asked him to come on the day when he was supposed to be on leave and perform official duties for the employer, then the employer should cancel the leave and reschedule his leave or pay him for the number of hours he worked for that day as per the company's norms. Overtime should be considered in this case.
Hope this helps.
Regards
From India, Bangalore
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That depends on why he is doing it. If he has not completed the assigned task and he is willing to do it during his paid leave, then it's his call if the management is okay with that. If he has completed the task, but the employer has asked him to come on the day when he was supposed to be on leave and perform official duties for the employer, then the employer should cancel the leave and reschedule his leave or pay him for the number of hours he worked for that day as per the company's norms. Overtime should be considered in this case.
Hope this helps.
Regards
From India, Bangalore
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Dear Amaan,
Thank you for your kind response. My basic intention for the query was - if an employee is willingly doing some of the official tasks (without being asked by the employer) during his earned leave (so that his own work does not pile up during the course of leave), then it is not against any government rules/procedure, and the administration should not have any objection to that.
Just for an example, if an employee submits a medical reimbursement bill during earned leave to his immediate superior, then he (superior on duty in the office) should forward it to the finance section for settlement of the claim. To quote another example, if the last date for submitting the report of the "Reporting Officer" (for ACR of a subordinate) falls within the period of leave, then there should not be any objection to writing ACR of a subordinate by an officer during his earned leave.
I hope that I have made my points clear. I look forward to further guidance in this matter.
C. P. Kumar Scientist 'F'
From India, Dehra Dun
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Thank you for your kind response. My basic intention for the query was - if an employee is willingly doing some of the official tasks (without being asked by the employer) during his earned leave (so that his own work does not pile up during the course of leave), then it is not against any government rules/procedure, and the administration should not have any objection to that.
Just for an example, if an employee submits a medical reimbursement bill during earned leave to his immediate superior, then he (superior on duty in the office) should forward it to the finance section for settlement of the claim. To quote another example, if the last date for submitting the report of the "Reporting Officer" (for ACR of a subordinate) falls within the period of leave, then there should not be any objection to writing ACR of a subordinate by an officer during his earned leave.
I hope that I have made my points clear. I look forward to further guidance in this matter.
C. P. Kumar Scientist 'F'
From India, Dehra Dun
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Hi Dear All Hope You doing good, If any employee new joined in company so,it is compulsory to deduct their PF and ESIC if we are not doing such what would be the effect of that on any company?
From India, Gurgaon
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From India, Gurgaon
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Dear CPK,
Yes, as long as an employer and employee work hand in hand with mutual understanding, an employee can perform any official activities during the non-working hours. There is no law implemented where an employee should not perform any official activities during the non-working day. However, the logs of his presence should be marked in your attendance for the number of hours he was in the office. Please note, if the management does not want him to perform any such activities, they can very well object to the employee and stop him; that depends on your company norms.
Regards
From India, Bangalore
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Yes, as long as an employer and employee work hand in hand with mutual understanding, an employee can perform any official activities during the non-working hours. There is no law implemented where an employee should not perform any official activities during the non-working day. However, the logs of his presence should be marked in your attendance for the number of hours he was in the office. Please note, if the management does not want him to perform any such activities, they can very well object to the employee and stop him; that depends on your company norms.
Regards
From India, Bangalore
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Dear Pankaj,
PF deduction is mandatory as it is a statutory provision related to labor laws. An organization that has 10 or more employees should have PF.
The effects can be devious. Please be advised to consider the number of months he has worked with the company and submit his presence to the PF Office.
Please provide your mailing address, I will send you the Labor Laws for your information.
Regards
From India, Bangalore
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PF deduction is mandatory as it is a statutory provision related to labor laws. An organization that has 10 or more employees should have PF.
The effects can be devious. Please be advised to consider the number of months he has worked with the company and submit his presence to the PF Office.
Please provide your mailing address, I will send you the Labor Laws for your information.
Regards
From India, Bangalore
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Dear Kumar,
From the case pointed out by you, what I feel is that either you or someone of your acquaintances seems to have been made a target of the ignorance of rules by some superior. No matter, leg-pulling is often prevalent in almost every organization. But if you intend to act that way against some of your juniors, please don't do so due to the following valid reasons.
Regarding the instance of a medical reimbursement bill, I may point out that the submission of a medical reimbursement claim is not an official duty; rather, it is a personal and private matter of the government servant and can be done at any time during his duty or leave period.
About the writing of ACRs of subordinates, it is, of course, an official duty. If someone performs his official duty or fulfills his obligation voluntarily during his leave period due to the exigency of service, there is no objection. No rule of the CCS (Leave) Rules 1972 bars any government servant from performing government duty if he has to do some official duty at times due to the exigency of service.
Even otherwise, Rule 11 of the Fundamental Rules (FR) very clearly lays down, "unless in any case it be otherwise distinctly provided, the whole time of a government servant is at the disposal of the government which pays him." However, by an official order, although not required under any rule, if anyone is prohibited from performing his official duty, that would hold good. Any verbal instruction would be invalid. During a suspension period, of course, a government servant is barred from performing any official duty.
The exigency of service is such a tool that even the government uses it to refuse leave to government servants under Rule 7(2) of the CCS (Leave) Rules 1972, which states, "When the exigencies of public service so require, leave of any kind may be refused or revoked by the authority competent to grant it." Moreover, in the exigency of service, a government servant can be recalled from leave under the provisions of Rule 23 of the CCS (Leave Rules) 1972, and the remaining leave of his is canceled.
Therefore, even common sense dictates that if the whole time of the government servant is at the disposal of the government and in the exigency of service, leave of the government servant can be refused, revoked, or he may be recalled for duty, why can't a government servant voluntarily and without being asked perform any of his official duties in an emergency/exigency of service?
I hope these points have cleared any doubts you may have.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of Management & Educational Consultants
New Delhi
Dear Amaan,
Thanks for your kind response. My basic intention for the query was - if an employee is willingly performing some official tasks (without being asked by the employer) during his earned leave (so that his own work does not pile up during the course of leave), then it is not against any government rules/procedure, and the administration should not have any objections to that.
Just for example, if an employee submits a medical reimbursement bill during earned leave to his immediate superior, then he (the superior on duty in the office) should forward it to the finance section for settlement of the claim. To provide another example, if the last date for submitting the report of the "Reporting Officer" (for the ACR of a subordinate) falls within the period of leave, then there should be no objection to writing the ACR of a subordinate by an officer during his earned leave.
I hope that I have made my points clear. I look forward to further guidance on this matter.
C. P. Kumar
Scientist 'F'
From India, Delhi
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From the case pointed out by you, what I feel is that either you or someone of your acquaintances seems to have been made a target of the ignorance of rules by some superior. No matter, leg-pulling is often prevalent in almost every organization. But if you intend to act that way against some of your juniors, please don't do so due to the following valid reasons.
Regarding the instance of a medical reimbursement bill, I may point out that the submission of a medical reimbursement claim is not an official duty; rather, it is a personal and private matter of the government servant and can be done at any time during his duty or leave period.
About the writing of ACRs of subordinates, it is, of course, an official duty. If someone performs his official duty or fulfills his obligation voluntarily during his leave period due to the exigency of service, there is no objection. No rule of the CCS (Leave) Rules 1972 bars any government servant from performing government duty if he has to do some official duty at times due to the exigency of service.
Even otherwise, Rule 11 of the Fundamental Rules (FR) very clearly lays down, "unless in any case it be otherwise distinctly provided, the whole time of a government servant is at the disposal of the government which pays him." However, by an official order, although not required under any rule, if anyone is prohibited from performing his official duty, that would hold good. Any verbal instruction would be invalid. During a suspension period, of course, a government servant is barred from performing any official duty.
The exigency of service is such a tool that even the government uses it to refuse leave to government servants under Rule 7(2) of the CCS (Leave) Rules 1972, which states, "When the exigencies of public service so require, leave of any kind may be refused or revoked by the authority competent to grant it." Moreover, in the exigency of service, a government servant can be recalled from leave under the provisions of Rule 23 of the CCS (Leave Rules) 1972, and the remaining leave of his is canceled.
Therefore, even common sense dictates that if the whole time of the government servant is at the disposal of the government and in the exigency of service, leave of the government servant can be refused, revoked, or he may be recalled for duty, why can't a government servant voluntarily and without being asked perform any of his official duties in an emergency/exigency of service?
I hope these points have cleared any doubts you may have.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of Management & Educational Consultants
New Delhi
Dear Amaan,
Thanks for your kind response. My basic intention for the query was - if an employee is willingly performing some official tasks (without being asked by the employer) during his earned leave (so that his own work does not pile up during the course of leave), then it is not against any government rules/procedure, and the administration should not have any objections to that.
Just for example, if an employee submits a medical reimbursement bill during earned leave to his immediate superior, then he (the superior on duty in the office) should forward it to the finance section for settlement of the claim. To provide another example, if the last date for submitting the report of the "Reporting Officer" (for the ACR of a subordinate) falls within the period of leave, then there should be no objection to writing the ACR of a subordinate by an officer during his earned leave.
I hope that I have made my points clear. I look forward to further guidance on this matter.
C. P. Kumar
Scientist 'F'
From India, Delhi
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Dear Amaan,
I would like to differ with your opinion, as in official duties in any government organization, there is nothing mutual in official employer-employee relationships. Each party is expected to work hand in hand with a clear understanding of their individual duties and responsibilities, which are regulated by set rules and procedures. If any official acts otherwise, they do so at their own risk and responsibility.
Any employee working closely with their superior, if it goes against prescribed rules and procedures, becomes liable for their own faults individually within the government organization, especially with the presence of a robust Vigilance Organization established in each government department or PSU.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of Management & Educational Consultants
New Delhi
From India, Delhi
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I would like to differ with your opinion, as in official duties in any government organization, there is nothing mutual in official employer-employee relationships. Each party is expected to work hand in hand with a clear understanding of their individual duties and responsibilities, which are regulated by set rules and procedures. If any official acts otherwise, they do so at their own risk and responsibility.
Any employee working closely with their superior, if it goes against prescribed rules and procedures, becomes liable for their own faults individually within the government organization, especially with the presence of a robust Vigilance Organization established in each government department or PSU.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of Management & Educational Consultants
New Delhi
From India, Delhi
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Dear CPK,
Giving our service voluntarily at any time as part of our duty/job is a positive signal and welcome, unless barred to do so. Those days are gone when denying duty in the name of leave and mood, whether it is a government servant or a private employee. Encourage people to do their duty without disturbing their personal life, as well as balancing personal and official life. This is the order of the day.
Suresh
From India, Pune
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Giving our service voluntarily at any time as part of our duty/job is a positive signal and welcome, unless barred to do so. Those days are gone when denying duty in the name of leave and mood, whether it is a government servant or a private employee. Encourage people to do their duty without disturbing their personal life, as well as balancing personal and official life. This is the order of the day.
Suresh
From India, Pune
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LEAVE RULES.doc