Sonam 26 December 2017

Employer not approving even 1w annual leaves, what can i do?

I had informed a month prior to my scheduled annual leaves of 1 week. But my HOD is continuously refusing to provide approval on the leaves even though I have requested him many times. Even though they are continuously saying that year end is a critical time to provide leaves when the leaves are required to be availed but he has all the required personnel to manage the work in my absence. But he is rejecting all the leave requests blindly saying no leave shall be granted to any employee during that time. He has been playing politics along with his subordinates and making a performance issue against me for the past few months even when there is no performance issue. They are specially targeting me & trying to spoil my image in view of sacking my job.

Now when I already have done the reservation for the trip, being a female do I have a strong case against the harassment done to me by my employer due to the issues so far and also due to this leave issue if I go for leaves without approval.

Do they have authority as per Labour law to stop the releasing of my experience letter or certificate for my total experience in the company so far? Can they also stop notice period amount in case of termination? Can I sue them in this case?

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4 Replies

(Guest)

There is an internal committee to deal with harassment matter against female employee. Draft a complaint and refer to that committee. If it doesn't take any action you can file a Complaint before Court. Till date you can do this. They do not have power to stop release of experience letter and all. They do it arbitrarily.

Sonam 26 December 2017

Originally posted by : Anupam Kirti ""There is an internal committee to deal with harassment matter against female employee. Draft a complaint and refer to that committee. If it doesn't take any action you can file a Complaint before Court. Till date you can do this. They do not have power to stop release of experience letter and all. They do it arbitrarily.""

Thanks for the reply, Anupam. But I have already escalated the harassment issue to the highest grievance redressal authority. Now they say that they do not have any further level for escalation in their company. It was all deliberately manipulated by them to keep me on the losing end so that verdict of all those escalations do not end up against their management even though I had shown all the proofs for mental harassment being done on me.

I guess I do not have any other alternative but to seek the labourt court's help if in case they terminate me and stop my relieving matter if I do not cancel my annual leaves. Do I have a strong case in this scenario.

(Guest)

Don't worry. Until and unless they give something in written or unless they take an action you cannot take help of Labour Court. As of now you can file a Complaint before Magistrate in order to pursue your harassment matter. If no action has been taken by the internal committee then it is fit case to be filed before Magistrate.
Contact me at anupamdba2607@gmail.com

Kumar Doab (FIN) 26 December 2017

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted?

Do standing orders (model/certified) apply to establishment and your designation?

What is stated in leave policy?

Have you applied under proper acknowledgment? Has boss declined in writing?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, etc…?