Less Salary Received
10 months ago
Dear Team, I was working with one edu tech company in Mumbai, My total year of experience was 2.5 years, and during this period I applied for a few leaves which were also approved by my reporting boss, Now during my F&F they deducted the amount which was for my leaves taken, the argument given by my company is that I have not taken the leave approval on time, and I am fighting with them that what is my mistake if my boss has not given approval on time and also if the date of the approval of the leaves had already passed then why did the system accept it when my boss approved my leaves?
I have all my approvals and arguments in email, please tell me what else can I do to put pressure on a company to give my pending salary.
also, let me know if I am rightly fighting or shall I leave this case.
Thank You
Rohit
8956079822
A.Dear Sir,
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
This leave type is called Earned Leave because you 'earn' these leaves for days worked and are treated as paid leave. This kind of leave is also known as Vacation Leave (VL) or Privilege Leave (PL) or Flexi Holiday, or Annual Leave (AL). The EL leave type is typically used by employees for personal reasons. As per Industrial Dispute Act all the workers/employees must be given 1 day for every 20 completed days worked. As per that per year total 313 working days, hence 15 or 16 days leave can be granted. The earned leave varies from company to company. Once a leave is approved, Company cannot treat it as unpaid and deduct it from the F & F Settlement of an employee on the ground that the leave was not granted on time or before availing the leave. So the argument or reason made by the Company in support of their action is highly arbitrary, unjustified and proves unfair labour practice on the part of the Company. When an employee went on leave without permission of the company it is treated as misconduct and the employee deserved to be show cause for the same when he returns from leave. Thus, in the absence of all these time-bound actions, The Company cannot deduct or adjust any amount against the said earned leave at the time of disbursement of F & F Settlement dues. Reach out to the office of Labour Commissioner concerned for redressal of your grievance by making a complaint against the Company for the unjustified action that proves unfair labour practice on their part. In case you need any assistance in the matter of drafting the complaint or for raising a dispute under I D Act before the Industrial Tribunal you may contact our legal team with the relevant papers.
Rohit Sharma
Replied 10 months ago
I appreciate your willingness to share your experiences with me.
A.Dear Sir,
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
The adequate recourse you can take is to send the company a legal notice clearly mentioning the appropriate reasons for you not getting the leave on time. Additionally, you can also raise the ground of the leave acceptance given by the company's system
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