Sick leaves not given by employer
Amandeep KT
(Querist) 08 May 2015
This query is : Resolved
Dear Sir/Madam,
My concern is regarding sick leaves not given by my employer.
I joined the company on 3rd March 2014. As per our company policy, employees are entitled to get 6 sick leaves only upon completion of their first one year.
MY concern is I was entitled to get 6 sick leaves in the month of march 2015, because I completed my first one year with the company on 3rd March, 2015. The company has no carry forward of leaves policy and all leaves get zero after 31st March (end of financial year). That's why I discussed the matter with HR, if they can carry forward my sick leaves as I may not get the opportunity to utilize the leaves just in 28 days. The HR guy assured me and hence he didn't credit any sick leaves for year 2014-2015.
Now, I was expecting carry forwarded leaves in the month of April, 2015. It came to me as a shock when I saw my leaves quota, I was neither given sick leaves nor my leaves were forwarded for next year 2015-2016).
I escalated the matter to the higher authority, now the HR guy is denying he has ever promised me any carry forward.
Please help me what can I do for last year (2014-2015) sick leaves which was not credited to me.
Looking forward for your reply
Thanks and Regards
Kumar Doab
(Expert) 08 May 2015
1. The leave policy of the establsihment shall be govered by the enactments applicable to the establsihment, depending upon what is this establishment: Commercial, Industrial !
The establsihment can draft its leave policy as per standing orders,negotiated settlement with employes…………
But…………….The establishment can offer superior benefits than those provided for in the enactments but can not offer inferior benefits.
2. Assuming that it is a commercial estbalishment, its leave policy shall be governed by (name of the state) Shops and Establishments Act, and as already pointed out the leave policy can offer superior benefits but not inferior………………………
3. Aparently the leave policy of the company seems to be offering inferior provisions……………………
e.g. that in 1st year of employment the employee is not entitled to leave ……
4. What is this establishment: Commercial, Industrial?
5. What is its line of business; IT, banking etc?
You are located in which state? Does company have an office at your location?
The reporting office is located in which state?
The Redg. Office of the company is located in which state?
How many persons are employed in it?
Does it have its CO (certified standing orders)?
What is your designation and nature of duties?
How many person are reporting to you?
Do you have any power to sanction (not just recommend) leave/increment/appoint/terminate?
Amandeep KT
(Querist) 08 May 2015
Thank You Sir for the reply.
I work as a content writer(individual contributor role) in an IT company, its located in Jaipur, Rajasthan. Employee strength 50-60 . It's a registered STPI and ISO certified company.
Please suggest me what should I do? I was not given medical leaves for 2014-2015, which I was entitled to get.
Thanks and Regards
Rajendra K Goyal
(Expert) 08 May 2015
Take up with the HR department. If they do not agree approach Higher officials.
Amandeep KT
(Querist) 08 May 2015
Thank You Sir for the reply
Kumar Doab
(Expert) 08 May 2015
Did you apply for leave? Was it refused?
Nevertheless you may go thru:
Rajashthan Shops and Commercial establishment Act;Sec 2(1,5,6,10,), Chapter IV: Annual Leave with Wages:Sec:13,14(5,7,10)
Rajashthan Shops and Commercial establishment Rules: Sec13,14,15,21,…..
http://labour.rajasthan.gov.in/ActsAndRules.aspx
You have escalated to good offices in writing?
You should succeed.
You can speak to IT/ITeS Employee’s/Trade Unions leaders, Inspector appointed under Rajashthan Shops and Commercial establishment Act, your able labor Law Consultant/Service Matters lawyer/Law firm………
Sudhir Kumar, Advocate
(Expert) 08 May 2015
The provision of expecting an employee to fall sick every years for 6 days only can be challenged.
Kumar Doab
(Expert) 08 May 2015
The annual leave stated in Rajashthan Shops and Commercial establishment Act, can be carried forward. Relate and compare the leave policy with provisions of the annual leave stated in this Act.
If any award,agreement ,contract of service provides for longer leave then employee shall be entitled to longer leave.
You may also go thru:
Rajashthan Shops and Coomercial Establishment (Employee’s Life Insurance) Act,1987:ChapterII:Secheme ,Qualifications and Contributions
http://labour.rajasthan.gov.in/ActsAndRules.aspx
And check if employer has provided it or not.
Amandeep KT
(Querist) 11 May 2015
Thank You Sudhir Sir and Kumar Sir for your valuable assistance. The information was very helpful.
