Hi, My Manager is not approving my Personal Leave.
My Company giving 15 PL every Financial Year. Only 30 PL will be there in my HRMS account. If I not use them it will be lapse.
So please suggest how i use my PL?
My Company giving 15 PL every Financial Year. Only 30 PL will be there in my HRMS account. If I not use them it will be lapse.
So please suggest how i use my PL?
See my friend, Leave is your right. This right has the following point of origination :-
1) Your Contract or Organization rules
2) Shops and Establishment Act
3) Factories Act or Minimum Wages Act.
If you get your leave from contract you can enforce it. If they do not allow you such use, that will be breach of contract as leave is a material aspect of contract of employment. You can set aside the contract and walk out of the job. Also claim damage along with compensation.
Now if you are covered in any of the above act, which you can see in website below. You can as a matter of right go on a leave and the employer will not be in a position to terminate you or take any action like deducting wages.
Or simply cite the laws to your employer and ask him to pay you wages + compensation as settlement towards loss of leisure, in case leave lapses.
From India, Kolkata
1801) Your Contract or Organization rules
2) Shops and Establishment Act
3) Factories Act or Minimum Wages Act.
If you get your leave from contract you can enforce it. If they do not allow you such use, that will be breach of contract as leave is a material aspect of contract of employment. You can set aside the contract and walk out of the job. Also claim damage along with compensation.
Now if you are covered in any of the above act, which you can see in website below. You can as a matter of right go on a leave and the employer will not be in a position to terminate you or take any action like deducting wages.
Or simply cite the laws to your employer and ask him to pay you wages + compensation as settlement towards loss of leisure, in case leave lapses.
From India, Kolkata
If you want to take leave because it is lapsing, then you can encash it. If not, leave is your right.
From Indonesia, Jakarta
From Indonesia, Jakarta
Leave encashment is not provided in any of the above mentioned laws. Leaves can only be availed or en-cashed at full and final settlement only.
However, if a employer refuse to avail EL, only then the case may differs.
P K Sharma
From India, Delhi
However, if a employer refuse to avail EL, only then the case may differs.
P K Sharma
From India, Delhi
10-12 days leave at a stretch will technically mean you will be off from work for almost half of the month if you are working on 5 day week & if EL is calculated only for working days alone (Monday to Friday X 2 weeks + 2 Saturdays & 2 Sundays + 2 - 3 balance days). If this is the case in my opinion it will be difficult to expect your Manager to sanction your leave considering the fact that you are a Senior executive. Moreover leave sanction may also depend on the employee strength. Lesser the strength it becomes difficult. My advise would be to avail EL for max 5 days at a stretch & if it's a five day week 2 weekends can be prefixed & suffixed making total 9 days which is quite reasonable.
Regards
From India, Madras
Regards
From India, Madras
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