Leaves
ibrazahmed
(Querist) 05 June 2015
This query is : Resolved
Dear Experts,
I am working in a software limited company.Company is in noida but i think jurisdiction is in delhi.
1.I would like to know the basic leaves allowed in a year as per the law.
2.We are allowed to go out of office twice for 10 minutes each break if we exceed it our salary gets deducted.
3.Earlier I was allowed 45 mins to go out and offer friday namaz but all of a sudden they have marked it as a half day leave when I asked the Hr they said we have dissolved that policy without any notice.
4.I am under a bond and its a one way bond I mean in every condition i will be paying the company even if they fire me.
Plz advise with related acts.
Devajyoti Barman
(Expert) 06 June 2015
The company is doing the wrong things. Lodge a complaint with the labour commissioner.
Kumar Doab
(Expert) 06 June 2015
Forget about the jurisdiction for a moment.
Jurisdiction can be location of employee, location of any office of the company, location of Redg. Office of the company, location of jurisdictional courts as stated in agreement/contract of employment/ appointment letter etc..............
If and whenever the need be your able Labor Law Consultant/Service matters lawyer/law firm will take care of it.
Software companies are covered by Shops and Estb. Act that was enacted to govern the service conditions of employees working in establishments covered by the Act...........and in Noida these should be covered by Uttar Pradesh Shops and Estb. Act (U.P. Dookan aur Vanijya Adhishthan Adhiniyam, 1962) and Uttar Pradesh Shops and Estb. (U.P. Dookan aur Vanijya Adhishthan Niyamavali, 1963)
: and you may go thru Sec;2,3,5,6,7,8,9,10,11,12,15,16……..
http://labour.up.nic.in/labourcommissioner/dookan62.htm
The leaves/breaks that were given could have become a custom and should have been changed with proper notice and discussion and agreement.
Each deduction has to be shown in salary slip and registers to be maintained as per rules.
Are you being provided with salary slip showing amounts earned, deducted and net paid?
The company can provide superior benefits than provided in the Act but can not provide inferior benefits.
The BOND was created in lieu of what: some certified training paid by employer from some certified Intt. That added to your qualification or some extra ordinary favor and expenses from employer?
There are many IT/ITeS employees unions now and that have affiliated with Trade Unions too/
Are you a member?
Is there any GRC/Works Committee in the company?
Proceed further under expert advise of Labor Law Consultant/Service matters lawyer/law firm.
ibrazahmed
(Querist) 06 June 2015
Dear Experts thank you for ur replies
I have a 2 yrs bond only because I am a fresher.
No there is no work committee as far as I am aware of and I am not a part of employee unions.
Company i work for has harsh policies they hide it all and told me after weeks of my joining and after signing the bond.
Leaves are very less u have to choose between 3 sick leaves in a year or 8 medical leave no casual leaves 17 earned leaves. 6 public holidays only.
Some how I was managing it all for 15 months but all of a sudden they are restricting me from taking 45 mins break for friday namaz they are asking me to sit 45 mins extra on friday earlier on joining they committed 1 hr but they had a policy which allows 45 mins to every muslim employees for friday now all of a sudden they are are saying we have cancelled it without any circular or msg to the employees
Kumar Doab
(Expert) 06 June 2015
You have worked for 15 months and have posted that:
1. "I have a 2 yrs bond only because I am a fresher."
This is no logic.It may not sustain in court of law.
Employee should consult before signing on the dotted line.
2. "No there is no work committee as far as I am aware of and I am not a part of employee unions."
It is your fault. It is your discretion.It is your choice.
3."Company i work for has harsh policies they hide it all and told me after weeks of my joining and after signing the bond.
"
Employer or its cronies in HR/Line Management can not behave like a street magician and produce things from thin air.
No policy can be hidden.All rules and policies in the form of certified copy are to be supplied to employee.All policies are to be kept in knowledge domain of employee.
No change in service conditions can be effected without prior notice of 21 days to employee and written consent of employee.
Ask your union leaders and your lawyer for details.
4."Leaves are very less u have to choose between 3 sick leaves in a year or 8 medical leave no casual leaves 17 earned leaves. 6 public holidays only.
"
Leave less than as provided for in the Act can not be possible.
Go thru Sec;9,10...........
Holidays: Holidays
(i) every close day which is a public holiday; and
(ii) one whole day in each week:
EL-15days,SL-15days,CL-10
5. " but all of a sudden they are restricting me from taking 45 mins break for friday namaz they are asking me to sit 45 mins extra on friday."
They or anyone can not cancel a custom/precedence just like that...........
Hope you are not giving the matter a religious flavor.
However it can be a reason to liberate yourself from the shackles of an imposing and hardened employer. However once again you should tackle it carefully.
There is nothing wrong to compensate for any break that you have taken from work by working extra for equal time.
However on other occasions you may demand to ask to work extra time in writing and claim OT.
Hope the above shall suffice and you can handle the matter.
If you are unable you can lean on your employee's/trade unions and entrust to your able Labor Law Consultant/Service matters lawyer/law firm.
Rajendra K Goyal
(Expert) 06 June 2015
Well advised and clarified by the expert Kumar Doab, agree to it.
ibrazahmed
(Querist) 04 August 2015
Dear Team,
I am working in an organization since Mar 2014 I was given an appointment letter after completing my probation around in aug 2014 today I recieved a new appointment letter a revised one they say is it legal I mean can a company revise an appointment letter.
