As per the leave rule, leave is not a right, and it can be revoked during an 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 the place to complain or raise a dispute.

From India, Vadodara
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Hi Naresh,

The specific rules and regulations regarding leave, overtime, and wage deductions can vary depending on state-to-state or labor laws. Labor 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 labor 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.

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 labor laws and regulations applicable to your location. Labor departments or regulatory authorities oversee employment practices. If you believe your rights are being violated, you may consider filing a complaint with the relevant labor 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 an 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
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Thanks, Sir, for your reply. I am working in a PSU Fortune 500 company, and overtime wages are frequently deducted at the end of the financial year due to a shortage of overtime funds. However, management pays it after 3 to 4 months, but I want to eliminate this practice. There is no question of profit and money, but it is a form of pestering to employees.

Leave Restrictions

Also, please provide information about leave restrictions. If there are no exigencies or emergencies, the restrictions should only apply to shift duty employees to limit overtime, not for officers and general shift employees.

From India, Vadodara
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