Shivaji bhonsle Posted March 10, 2015 Posted March 10, 2015 They basically fired him for not turning up for work on government holidays like Diwali, republic day etc. They gave him warnings, but he ignored it thinking its his right to take a day off on government holidays. He is pretty upset. Its a UK based organization I think and they gave leaves on Christmas, good Friday etc.. Can he take this people to the court, or will it be a waste of time and effort ? Feel pretty bad as his dad slapped him yesterday for this...
vvvslaxman Posted March 10, 2015 Posted March 10, 2015 He works in India for an UK based org? Typically in my company they grant Indian holidays for India based workers. Same for everyone depending on where they work. Not sure how it works in that company?Did he try to inform anyone about taking a day off? Since they gave him warnings he could have checked with them. You can consult with a lawyer on this.
Shivaji bhonsle Posted March 10, 2015 Author Posted March 10, 2015 He works in India for an UK based org? Typically in my company they grant Indian holidays for India based workers. Same for everyone depending on where they work. Not sure how it works in that company?Did he try to inform anyone about taking a day off? Since they gave him warnings he could have checked with them. You can consult with a lawyer on this. yeah, he works in Delhi. Its a UK based organization. They did warned him not to take leaves on Diwali, republic day etc. but I was the one encouraging him to ignore the warnings...
Stuge Posted March 10, 2015 Posted March 10, 2015 I don't know the intricacies of law and stuff but a Uk company in India not giving holiday on republic day or independence day can be good fodder for media in general ;).Company might face a lot of criticism for that.
moniker Posted March 10, 2015 Posted March 10, 2015 Did he apply for those leaves and they got rejected? Or he simply failed to appear on certain days without prior intimation? If you go AWOL without any proper reason the employer is well within their rights to take disciplinary action (by converting it into leave without pay etc). But not sure if they had grounds to fire the guy. Did he take such unsanctioned leaves often?
Tapioca Posted March 11, 2015 Posted March 11, 2015 The leaves would be written into the contract that he signs and the company rules, right ? The usual holidays won't be applicable if you work in a bus company or a hospital. You can't crib about the national holidays then. If he was interacting directly with customers in Europe, his employer would certainly be pissed off about the leaves.
Malcolm Merlyn Posted March 11, 2015 Posted March 11, 2015 If he was sacked for taking leaves on govt. gazetted holidays like Diwali/Republic Day/etc then he can sue them.Also ask him to talk to some media people and on social network.The company will be screwed.This seems like racism.
bulbul Posted March 11, 2015 Posted March 11, 2015 Does his company publish holiday dates? Where i work we have 12 holidays per year and its published. I don't think he can sue company without any proof why they asked him to come to office on a published holiday. There are many companies doesn't follow Indian holiday calender,especially BPO companies. ps : what the hell is his dad slapped? is he 4 year old kid??
AmreekanDesi Posted March 11, 2015 Posted March 11, 2015 suing will take an age for the matter to be resolved and by the time it is he should be well settled in a new job the better option in this case would be to get some media attention. it helps that its a UK company :D Though my personal opinion is. Theres not much point to fighting it because most likely he signed sth which allows them to fire without accountability. And the futility of it is that if he goes through this action then he will have damaged his relationship there beyond repair. Best course is to maybe have a civilized talk with the guy who hired him and guys who interviewed him
Shivaji bhonsle Posted March 11, 2015 Author Posted March 11, 2015 Hi everyone. Thx for your replies. Yes, he did signed the agreement it seems that they will allow leaves based on UK holidays. They gave leaves on Christmas. He had to apply leaves a month before if he had take leaves on our festivals like diwali, holi etc.. Anyway, we are going to meet a lawyer and see what are our opinions. If nothing works, I'll speak to my dad and get him a job in our business organization.
Shivaji bhonsle Posted March 11, 2015 Author Posted March 11, 2015 Hey post the question at quora as well :) yeah, that's a good idea.
Cricketics Posted March 11, 2015 Posted March 11, 2015 Hi everyone. Thx for your replies. Yes, he did signed the agreement it seems that they will allow leaves based on UK holidays. They gave leaves on Christmas. He had to apply leaves a month before if he had take leaves on our festivals like diwali, holi etc.. Anyway, we are going to meet a lawyer and see what are our opinions. If nothing works, I'll speak to my dad and get him a job in our business organization. Shivangi aur uske papa :two_thumbs_up: Shivangi is a good jugadi helpful person. :two_thumbs_up: When I come to INdia, I will do shopping at your business man.
rkt.india Posted March 11, 2015 Posted March 11, 2015 If you are a professional, you should not complain about such trivial things like not getting holidays on a festival. This was childish from you and your friend. Though sacking was bit too harsh a step until and unless he has been warned of multiple times about the consequences of such breaches.
Precambrian Posted March 11, 2015 Posted March 11, 2015 I don't think any company in their right minds would dismiss an employee because he took leave in national holidays. Further, does his contract specify that he has to probably work on national holidays? If yes, then there isn't much he can do. If it does not state, and his supervisor forced him to work despite getting notice of him unable to work on these days, then there is a problem.
Precambrian Posted March 11, 2015 Posted March 11, 2015 Hi everyone. Thx for your replies. Yes, he did signed the agreement it seems that they will allow leaves based on UK holidays. They gave leaves on Christmas. He had to apply leaves a month before if he had take leaves on our festivals like diwali, holi etc.. Anyway, we are going to meet a lawyer and see what are our opinions. If nothing works, I'll speak to my dad and get him a job in our business organization. Ah problem then. I don't think holi etc qualify as national holidays. Can understand if its independence day, Republic day and mahatma jayanthi.
G_B_ Posted March 11, 2015 Posted March 11, 2015 Does he get a holiday in May and August for the labour days? If he is in a job such as say outsourcing etc then obviously he will be synced into the UK holiday calender.
Kalia_Test Posted March 11, 2015 Posted March 11, 2015 The main issue is that employers will ( if they are clever ) not mention this leave as reason for sacking. They will use terms like 'relative underperformance, not meeting expectations,etc' as reason for sacking. It would have to be extremely stupid on part of any supervisor, HR to put these leaves as reason for sacking officially ( e-mail, relieving letter,etc ). However, I would advise not to go through legal route,etc. These IT companies share employee database through NASSCOM and it will hurt the individual's employment elsewhere if he takes legal route
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