Earned leave and increment rights
Sandeep
(Querist) 06 August 2013
This query is : Resolved
Hi,
I work for a publication house in New Delhi for the past 6 years. I have 3 questions here:
1. Recently, when there was time to increment/pay rise, the manager told me that i wouldn't be getting a pay rise this year as they had to pay a fine to pay of which was imposed to them. Not only this, some of the employees were given increment stating that they have issues at home, or this person is needy or he wasn't given an increment for last two years. ( i see this as unlawful and very discriminatory)
2. I have a told of 60 earned leaves, the manager told me that i couldn't take the holidays during a certain period as its a blackout period for them even though i have given them months and months of notice.
3. And my last question is that while getting earned leaves.. so are earned leaves taken individually. For example, I work Monday to Friday, if i take a week off, will they be counted as 5 holidays or 7 ? and also i was told if i take an earned leave on Friday, they will deduct additional 2 days pay off for sat and Sunday from my salary. Is this legal ??
Thanks in advance for answering my questions. If you require anymore information please let me know. I would just like to know my rights. :)
Deepak Nair
(Expert) 07 August 2013
Please find my answers below:
1. This shows the traces of discrimination. But, an employer can decide the increment on the basis of many aspects such as performance, contribution towards works etc.
2. This is absolutely illegal. The employer cannot deny the leaves after the employee denies sufficient notice.
3. This too is illegal. if you take leave on Friday and Monday, then they can deduct additional 2 days for Saturday and Monday, but not of you take leave on Friday alone.
Rajendra K Goyal
(Expert) 07 August 2013
1. It is to be seen whether the grant of increment at definite intervals is part of your appointment agreement or is granted otherwise. The same can not be claimed as a matter of right till it is part of employment agreement.
2. Business houses adjust leave to employees so that their business interests are not effected adversely. They have explained the black days concept. For emergent circumstances casual leave are available. However, when asked in advance by a month the employer is not justified and should not refuse the leave till any emergency.
3. What has been mentioned in the leave application, 5 days leave or one week leave, if it is 5 days and was granted as such only 5 days should be debited from the leave balance, if it was for one week, 7 days need to be deducted.
