Employer cancelling past years utilised leaves
Querist :
Anonymous
(Querist) 07 March 2018
This query is : Resolved
I work in Public Sector Bank, in Retail/Branch banking.
I had taken my Casual leave and Earned leaves in previous years when i was outstation. And there were Extraordinary Leaves when i was not well. On two occassions my absence extended the leaves available to me as i was unwell to travel back and join. I was okay with remaining absence as unpaid as i didnt had that many leaves.
Now when i am resigning to join other organisation.
The HR comes in and says, you cant combine xvz leaves with abc leaves etc etc and told me lot of confusing rules. Also said your utilised leaves will be undone and expired as they were of previous year.
Basically they want to penalise me and make me pay money.
In the rules for leaves, initially i wasnt aware of them in detail as i was new and never got time to go through them... Public Sector Bank.
Recently i went through the rules which says that if there is any absence not entered in system they will be marked as unpaid leave after 15 days. This they never did in 1.5 years. Had they done it i would have known about this issue.
Also leaves marked in the system, which the system accepted, now they say those will be cancelled.
Though i wasnt aware these detailed rules, also my supervisor approved my casual leaves and earned leaves even he didnt told me all this as even he i guess dnt know.
But even the HR didnt worked on my absences in time which was 15 days. Had they did that i would have corrected it and used my leaves.
Now they say my leaves will be wasted and i would have to pay money for all those leaves apart from unpaid leaves and also holidays.
I am confused. Do i have any recourse in Labour Laws.
Sudhir Kumar, Advocate
(Expert) 16 March 2018
tried your best to make it vague.
you are not disclosing as to how many time and for how many days you wee on leave .
You are not clearly stated what rules HR has qouted.
Guest
(Expert) 16 March 2018
Is there any secrecy that you can't reveal of what type was the xyz leave and abc leave? Better refer the bank's leave rules before coming here and make a straight forward description of the real problem, if HR is not acting according to your leave rules. Nothing can be extracted from your long hazy description of your story for the purpose of any useful opinion.
