Serious question on leave without pay

no. the company can't do that. but yes, employee must not be too late without appropriate reason.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

company wlll frame policy from that only company hr has to follow accordingly 

Thanks Rohit,

is there a particular section in the law that makes this practice unconstitutional.... i would like to cite that to my company to stop this practice... please let me know

Regards

My Company Abhijeet Group.is not paid our 5 month salary. There is more than 1500 employee working who did not recieve there salary. CMD Mr. Manoj Jaiswal are not gving any statement to us, even they hiding from us. our company located in Nagpur and I am working in Ranchi. Actually  my  company take  big loans from banks .  So plese tell me what I have to do to get my salary from company.....? company website: mail.abhijeet .in Thanks

@ Sidhartha,

Leave can not be claimed as a matter of right.

Leave has to be intimated for approval and approved.

Even in case of Casual Leave prior intimation is to be given to employer/leave sanctioning authority to avail leave.

The Factory Act, Shops and Establishments Act sets the guidelines for leave rules and polices.

The establishments can frame its Leave Policies.

In case of establishments where trade unions are involved in deliberations of employment contracts and conditions, leave rules etc, leave rules are decided after pragmatic discussions/negotiations/consultations ( as specified in IESO Act) and are firmed up accordingly.

The company is just making it mandatory to inculcicate some discipline so that the leave application is positively submitted WITHIN SAME MONTH.

The service conditions may guide that if employee is on unauthorized absence for >=8 days the employee may be deemed to have abandoned the employment and can be terminated.

The advantage of a dedicated portal for employees and for submitting leave applications is that there is a digital record in servers of the company and which can be archived and retrieved for matters relating to leave rules, leave encashment and for compliance to various laws……………….

There seems to be nothing wrong in decision of the company.

Probably the employee would be shown leave balance, eligibility, types of leave available, and a printout can be generated.

The system should be flexible and should accommodate if any employee is sick, away from office and in such a case either the employee should be allowed to enter details of leave in portal or reporting/leave sanctioning authority should have authority to enter leave details of his reportees……………..

Usually such recourse is provided in such software’s……………..

We are afraid that you can not stop the company……………

@ Raj Kumar Singh,

Similar matter is discussed at:

https://www.lawyersclubindia.com/forum/Company-not-paid-6-month-salary-83740.asp#.UdWQADuAqWM

The message for your company’s website mail.abhijeet.in/

is; This site may harm your computer.

Does your company has its office at Ranchi?

The state of Jharkhand follows Bihar Shops and Establishments Act………………….and some amendments have been made.

The Bombay Shops and Establishments Act (for Maharashtra) is so employee friendly.

All employees may unite and approach lawyer/law firm, trade unions, lawful authority………………..

It shall be a waste to continue to work without wages…………………………..however all employees should submit in writing thru regd. Post (and obtain POD from PO also) that in such a situation the conditions on notice period/pay has lost its sanctity, validity…………………….

Gather information on assets of promoters, build influence and collect dues as ap…………