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Extra deduction from salary for leave.

(Querist) 28 March 2013 This query is : Resolved 
Dear Sir,

Please advise,

Our employer of the Pvt. Ltd. company doesn't allow leave one day before and after of any festival like Rakshabandhan and Holi etc.,

On this Holi he deducted Salary of 4 days or 1 week of all employees who took leave or was absent.

While there is option for 27 days leave in a year by management also.

So what should be done in this condition.

Please help,
Raj Kumar Makkad (Expert) 28 March 2013
Make a representation to the local Labour Inspector followed by complaint before Labour Court.
Naveen (Querist) 28 March 2013
Dear Sir,

Any helpline no. or where to meet in Delhi.


regards,
ajay sethi (Expert) 28 March 2013
all employees get together and send strong protest letter to management . if it dosent work contact local labour lawyer in delhi
Naveen (Querist) 28 March 2013
Dear Sir,

Many Thanks to reply,

Will do same with all victims,


Your Sincerely,

Naveen
Guest (Expert) 28 March 2013
Absence and duly sanctioned leave are two distinct things. Leave cannot automatically be availed without sanction by the competent authority. Otherwise that can be treated as unauthorised absence. So, you need to clarify whether the leave was duly sanctioned by the employer or the employees used to remain absent at their own sweet will.
Naveen (Querist) 28 March 2013
Dear Sir,

leave application is sanctioned by MD only, and when MD sanction the leave he puts the condition i.e. deduct 2 days, 4 days and 7 days.

Now the employee got stuck if he doesn't go on leave then his requirements were not needful and has to be humiliated and suppose he go then has to bear loss of the same deduction.

So what can be done Sir, Please advise.


Regards,
Naveen
Naveen (Querist) 28 March 2013
Dear Sir,

One more thing in regard absent suppose someone got ill suddenly and unable to come to office then he inform to concern person on phone.

then the absent must be informed to MD then MD gives the instruction as above mentioned.

So in this condition also please advise.


Regards,
Naveem
Guest (Expert) 28 March 2013
Why to suppose. Be specific in explaining the real problematic incidents, as theoretical suppositions can't expect support in law.
Naveen (Querist) 29 March 2013
due to suddenly absent can not be the reason of illness only it can be different-different matter.
V R SHROFF (Expert) 29 March 2013
Usually, CL cannot be linked to Holidays or weekends. It can only linked to SL,

It cannot be linked to PL also.

This is to discourage employees joining holidays with leave, and absentees on mass, disturbing office/fact work

Fully Paid leave must be sanctioned in advance. As it was allowed later on, instead of deduction of salary, it justify the act of MD.

It will cost more to u if u agitate ..
It may result into ded of salary + disciplinary action, resulting into dismissal of your job.
Naveen (Querist) 29 March 2013
Dear Sir,

Many thanks to reply,

Well it is not in my regard actually, it happened with other employees but I think it is not good.

So in regard well favor of humanity I want to do something without any loss.

I will come back you soon if require.

Thanking you,

Your Sincerely

Naveen




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