What happens when a worker has taken more leave than their annual leave ? as per labour law india
From India, Mumbai
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From India, Mumbai
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Firstly, I will say a worker cannot "take" leave unless it is allowed. If a worker has asked for leave for a certain number of days, then depending upon the necessity of the company and the reason stated in the leave application by the worker, the management has to decide whether to grant, reject, or partially grant his leave for a certain period. However, in cases where there is no balance of earned leave or it is short of the leave requested, the worker will lose his pay for the shortfall in leave balance.
You will find the leave sanction/rejection procedure in the Model Standing Orders prescribed under the Industrial Employment Standing Orders Act or in the Certified Standing Orders if you have them.
From India, Kolhapur
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244You will find the leave sanction/rejection procedure in the Model Standing Orders prescribed under the Industrial Employment Standing Orders Act or in the Certified Standing Orders if you have them.
From India, Kolhapur
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Apart from what Mr. Kulkarni has stated, if the worker has not reported to duty after the expiry of the leave, you can send a letter asking him to report immediately to the company. Failure to do so will be treated as absconding. Send three reminders and terminate if not reporting even after.
From India, Ahmadabad
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From India, Ahmadabad
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Apart from the above suggestions, I would like to add:
1. Check whether all the leaves the employee in question utilized are approved.
2. If approved, that means he/she is allowed to take them. Check with the concerned approving authority how they managed it when no leaves are in balance. Determine whether additional leaves are leave without pay or adjusted against the new set of leaves which will be added from January 2014. If adjusted, then HR/Time office should have been a part of this decision.
3. If all additional leaves are without pay, there is no need to worry.
4. If this employee is absconding/absent, take disciplinary action appropriately.
Regards,
Suresh
From India, Pune
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1. Check whether all the leaves the employee in question utilized are approved.
2. If approved, that means he/she is allowed to take them. Check with the concerned approving authority how they managed it when no leaves are in balance. Determine whether additional leaves are leave without pay or adjusted against the new set of leaves which will be added from January 2014. If adjusted, then HR/Time office should have been a part of this decision.
3. If all additional leaves are without pay, there is no need to worry.
4. If this employee is absconding/absent, take disciplinary action appropriately.
Regards,
Suresh
From India, Pune
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As per the labor act, he can avail himself of the statutory leave unless the manager grants it. If he has used up all his leave entitlement, he should be asked to take a loss of pay (if his cause is genuine). Otherwise, issue a notice for his irregular attendance.
Cheers,
Hari
From India, Mumbai
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Cheers,
Hari
From India, Mumbai
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