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Anonymous
Hi, I work in a Pune-based BPO that operates on rotational shifts. Recently, I applied for leave for Diwali to visit my hometown. Initially, management denied my 7-day leave request (2 days weekly off + 5 days leave) and instead approved 3 days of leave + 2 weekly offs. However, the management has now informed me that I should apply for 5 days of leave as they will cancel my 2 weekly offs and count them as leave. According to the company policy, I cannot take weekly offs if I have not worked for 3 days in a week. The policy also mentions that a combination of CL and DLs can override this rule. I suggested to management that I require 2 CL and 1 DL along with 2 weekly offs. The company is rejecting my proposal and insisting that I apply for 5 days of CL. Additionally, the company expects me to work continuously for 9 days without any weekly offs in between.

Furthermore, the company does not provide any national or festive holidays. When questioned about this, the company explained that DLs (Discretionary Leave) serve as compensatory leaves for National and Festive holidays. Despite working on national holidays, the company does not adhere to the double payment requirement as per the labor laws of Maharashtra.

When I raised these concerns with HR, they mentioned that it is solely the manager's decision.

What steps can I take in this situation?

From India, Pune
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All that your company is following is just unfair and noncompliant. They can refuse to grant you leave, but it should not be by saying that this is what the statute says. Therefore, you should either escalate the matter to the Labor department or leave the company and seek another opportunity at the earliest. Escalating the issues to government authorities may seem unfair, but there is no other way for these companies to become legally compliant. Even the Big Fours are engaging in such illegal acts when they themselves claim to be employee-friendly organizations. However, there should be a way out for such situations. Therefore, make them aware of the rights of employees under the law in India.
From India, Kannur
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Dear friend,

You need to file a complaint with the labor office for violations of NH&FH and leaves as well. It is difficult to suggest a remedy without knowing your company and its adopted policies. There are no specific laws and rules that guide a company, and loopholes in acts, laws, and rules make the employers at an advantage.

From India, Mumbai
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Go and meet your Labour Commissioner and share your issues along with the company name and location. They will take care of the issue properly.
From India, Pune
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Dear Labour Commissioner,

I am writing to bring to your attention certain issues transpiring within this company. It is imperative that these matters are addressed promptly to ensure a fair and just work environment for all employees.

I urge you to investigate the ongoing situations that are leading to a high turnover rate within the organization. This turnover rate not only impacts the morale of the workforce but also reflects poorly on the company's reputation.

In such circumstances, I believe it is essential for individuals to seek alternative opportunities. When presented with another chance, it is advisable to consider moving on from this company to avoid being caught in a cycle of instability and dissatisfaction.

I trust that your intervention will help rectify the current state of affairs and pave the way for a more conducive workplace environment.

Sincerely,
A Concerned Employee

From India, Indore
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Fighting against the actions of the employer, almost quitting the company, denying approval of leave applied, one among the many issues arising in the course of employment in HRM. It's always said 'granting leave' is not an automatic right of the employees. But in practice, most of the strain in the employee vs. employer relationship is the denial of leave, especially during important festivals. It's noted that employees are not at ease so far as the grant of leave and weekly off are concerned, and 'unfair labor practices' are followed by the employer. It can be remedied only by seeking the intervention of the ALC/Competent officers of the Labor Department. Unless you lodge a formal complaint with them, proper remedy cannot be achieved. Appropriate proofs have to be collected and presented with the complaint. If you have a recognized union, your case can be taken up through them also before seeking the intervention of the labor office.
From India, Bangalore
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