Rajeev Kumar (Professioanl Social worker) 01 November 2009

not entitled to get paid leave

Dear all,

I am working as research assistant in a colloborative research project sponsored by Depratment of AYUSH, Ministery of Health and family welfare new Delhi.

we are seven staff, none of us are entitled to take any paid leave apart from sunday and other public holidays. if we take any leave , our salary of those days are deducted. we are paid cosolidated salary, no extra allowance etc. although it is also mentioned in appointment letter.

I also got to know that in other research project sponsored by ICMR ( Indian council of medical research) Ministery of health and family welfare, there staff of research projects are entitled to paid leaves.

my query is this, whether such provision of not giving paid leave is legal?

whether it doesn't violate the right of employee.

please give me legal reference related to it.

your reply will be appreciated

Rajeev

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4 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 02 November 2009

If each and every situation you are facing is a part and parcle of your appointment letter, how can u make hue and cry now? Appointment is the final authority in such cases and you cannot claim anything more because in some other project some other persons are getting more beneits than you. You are not regular public servants and are just only contractual employees just for a particular project hence no specific entitlement.

Anil Jangid (HR Manager) 02 November 2009

AGREE WITH EXPERT

Rajeev Kumar (Professioanl Social worker) 02 November 2009

Dear all,

I might be diverting from my query. the appointment letter is the final authority and employee is bound to abide its term and conditions.

but draft of appointment letter must be some rules and regulation that are made for the protection of employee.

whether Appointment letter can be drafted on the base of personal whime and cynical ideas,

if yes, then off courese appointment letter is the absolute authoiry, its word will be as pure as bible and Geeta.

if employers recruit staff and made discrimination even on same work and same qualification, and such discrimination is also drafted in appointment , then it is violation of article 14 of constitution.

whether contract employee belong to such disadvantage community and made for discrimination only????????

many times, I found , contract employee work equal and more than regular employee, but they are deprived of many entiltlements. in return they are harrassed and rediculed by regular employees. whether it is lawful?????

please think over it ......

I apologize , if I encroach the norms of this discussion forum, but my real intention is to contribute and rais legal issues.

Rajeev

Ashish Ovalekar (Manager Legal & Compliance) 02 November 2009

Dear Rajeev,

Anything that is illegal and in violative of the law is unsustainable, and can be challenged in the Court of Law.

Normally if you read carefully the Appointment letter, you would find that it has been been drafted in a very precise manner, so as to disguise the ambiguities and lacunies in the Law.

As a Contract Employee, a person has got limited scope of freedom and expression, as he is bound by the terms and conditions of the Contract, and he cannot look beyond the scope therein.

In normal circumstances, if the Appointment letter is read and interpreted and acted upon lawfully, then it becomes the Bible or the Gita, to which a challenge would be fruitless.

If at all you are not getting the Allownaces or leaves as per your appointment letter, you may seek clarification as regards to the same.

Ashish