RAMANARAYANAN.G
22 March 2008 at 00:24
Sir,
One of my friend who is working in a qasi Kerala Govt. undertaking in a Managerial post where the Kerala Service Rules (KSR)is made applicable is suffering from ilness of accute back and joint pains due to Osteophytosis and Lumbar Canal stenosis for the last more than 8 years.
He is undergoing medical treatment(both Allopathy&Ayurveda)every year regularly after taking the leave in his credit as well as on loss of pay for nearly 2 Months each.He used to take leave only when it becomes impossible for him to attend any further office duties due to severe pain.There are clear medical records and Laboratory test reports(including scanning report) stating the details of the above illness.
As in previous years he submitted proper application for 2 months medical leave from 10-03-2008 out of the eligible leave in his credit along with proper Medical certificate from the consulting Doctor.He
went for treatment without waiting for the approval of the same by the Managing Director,as it had become impossible for him to attend his official duties any further due to severe pain.
Now it is informed through registered notice from the company that the leave has not been granted and unless rejoined for duties immediately it will be considered as Unauthoried Absence which may attract legal action including termination from the service without further notice.It is also informed by the company that his salary will be withheld for the period of absence even though there is sufficient eligible leave in
his credit.
Now,he is undergoing medical treatment and not in a position to join for duties immediately without completing the treatment.I is therefore requested to kindly provide valued openion as to whether:
1.Prior sanction is a must for availing leave on medical ground or is it sufficient that proper leave application along with medical certificate is submitted?
2.Whether the company is justified to insist for rejoing when one is undergoing treatment and not in a position to join for duty?
3.Whether the company is justified in treating the period of leave as unauthorised absence and withhold eligible salary even though proper
leave application alongwith medical certificate from approved Phusician
is submitted in advance?
4.Whether the company can terminate him from the service on the ground that he has not rejoind for duties after discontinuing the medical treatment?
5.Whether the company can prevent him from rejoing for duties after completion of the treatment on the reason that he has not joined for duties as per the notice from the company?
6.what are the recourses open to him in case the company proceeds to withhold is salary or terminate him from service without any notice?
7.Can any employer deny leave applied by an employee genuinely on medical Ground?
In this context it is to be noted that there are cases in the company itself where leave on medical and other grounds have been granted to certain employees without following any of the basic norms of leave sanctioning even without medical certificate or proper leave application.
I am anticipating a detaild expert openion in this respect at the earliest.
RAMANARAYANAN.G
Avinash Abhyankar
19 March 2008 at 10:20
Dear Member
In one company after probation of 6 months employee become permanent at his post. However, after the period of 1 month (after 6months of probation), Managment asked him asked him to go out.
Will this come in four corners of law? Is is tenable, that suddenly Mgt. remove any employee from the organisation? Is there any mim notice period require, before such removal?
Can that employee demand any compensation for the same?
puneet Agrawal
18 March 2008 at 14:07
My company is in Gurgaon and is governed by Punjab shops and establishment act. It is in the business of engineering consultancy.
I want to know how many sick and casual leave per year an employee should be given as a minimum and are these leaves credited to the employee's account from day one of his joining or we can give it after completion of his probation period.
Reason for asking this question is that an employee left the company after availing 5 casual leave during the second month of employment without giving us a notice.
puneet Agrawal
18 March 2008 at 10:39
My company is in Gurgaon and is governed by Punjab shops and establishment act. It is in the business of engineering consultancy.
I want to know how many sick and casual leave per year an employee should be given as a minimum and are these leaves credited to the employee's account from day one of his joining or we can give it after completion of his probation period.
Reason for asking this question is that an employee left the company after availing 5 casual leave during the second month of employment without giving us a notice.
K S NARAYAN
18 March 2008 at 09:24
PASSPORTS OF EXPAT EMPLOYEES WORKING IN INDIA- ARE THE PASSPORTS BE KEPT WITH EMPLOYER TILL THE CONTRACT PERIOD IS COMPLETED . PLEASE CLARIFY
Biprangshu Saha
17 March 2008 at 15:19
Hello its Biprangshu Saha, presently working in Larsen & Toubro Limited in 'Graduate Engineer Trainee' Post , I have signed a 2 years of bond with a compensation of 2 Lakh of rupees. It’s about 7 month I am in this job.
Larsen & Toubro has 4 operating division 1) EBG-electrical business group.
2)HED-Heavy engineering division. 3)E&C-Engineering & Construction division
4) & Mechanical division.
Before that agreement it was told that I will be given choices to join above mentioned dept. After one month(one month for orientation program without having a OD ) of joining & aggreement signing our choice was asked I put my first choice to HED & 2nd choice to EBG & 3rd was E&C.I was not interested to E&C & Mechanical but I as told to priorities all the depts. But they did not take care of my choice & put me to E&C. I told to HR to change my dept. But they ignored. In the E&C I am given some estimation , costing for bidding related job in which I have least interest as I am a engineer & like to built my carrier with technical job .
I decided that I will quit & will have M.TECH degree. I worked hard & appeared in GATE (graduate aptitude test for engineer).I have cracked GATE with high score. Now I want to leave L&T.
I have heard in India bonded job are not allowed, 2 nd thing one sided bond are not allowed etc.
I think that was one sided bond as there was not any demand entertained from our side, even in which dept we want to work.
Please help me out, is it possible to break the bond.
Krunal Champaneria
17 March 2008 at 12:09
pls give full details about gratuity
Krunal Champaneria
17 March 2008 at 11:02
I want to know about liability state wise
Professional tax rate & applicability
Pf Applicability
ESIC Applicability
Labour welfare fund rate & applicabiliy
Abhimanyu Soni
17 March 2008 at 10:55
My query is:
1. Is bonus is paysble to temporaary as well as permanent employees.
2. How Bonus is calculated
Thanks and regards
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Outdated labor laws
Hi,
I want to know about some outdated labor laws. Pls help me
Regards
Amrita