Malcolm Merlyn 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. That contract will not hold much in a court of law.You cannot sign a contract saying UK laws will apply when the person and company both are in India. Media attention to this will be good.
Malcolm Merlyn Posted March 11, 2015 Posted March 11, 2015 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. :blink::blink::blink:
Cricketics Posted March 11, 2015 Posted March 11, 2015 If you are a professional' date=' 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.[/quote'] This is where India lacks. To hell with professionalism. The word is wrongly defined by India or many people. Here, the companies give you chance to ask if you need off for your religious festival etc. Even in school days I remember, even though the school calendar does not allow Diwali or holi holiday, but if you want to take, they will let you take(provided you got the note from your parents or guardian highlighting the importance of the day). The most important thing here - We Indians(I have to generalize here) are very pleasing. We like to satisfy everyone. That's the mentality. And we should come out of it. If should not worried about "Asking" or saying things like "I will try", we just jump the gun and say "I got it" This is what I have learned in America. You got to ask. You can't just say okay okay, I will do that like a kaptputli. Be bold and have courage to ask or say yes or no to whatever you like or don't like.
CSK Fan Posted March 11, 2015 Posted March 11, 2015 It is simple. Company has a leave policy that you need to give advance notice. He did not follow that. From the posts it looks like he just went AWOL on the holidays. Imagine the extra work and pressure his team members would be going through during that time. And that too, they were definitely not holidays like Republic day etc. the reason many companies give off on their days and not India days are obvious, on their holidays, their customers will know and expect offs. On India holidays their customers will still expect service. If we demand our holidays then the whole point of outsourcing is moot This is one of the reason why in places like West Bengals we don't even find companies investing. Their entire mindset is this and not hard work.
CSK Fan Posted March 11, 2015 Posted March 11, 2015 This is where India lacks. To hell with professionalism. The word is wrongly defined by India or many people. Here, the companies give you chance to ask if you need off for your religious festival etc. Even in school days I remember, even though the school calendar does not allow Diwali or holi holiday, but if you want to take, they will let you take(provided you got the note from your parents or guardian highlighting the importance of the day). The most important thing here - We Indians(I have to generalize here) are very pleasing. We like to satisfy everyone. That's the mentality. And we should come out of it. If should not worried about "Asking" or saying things like "I will try", we just jump the gun and say "I got it" This is what I have learned in America. You got to ask. You can't just say okay okay, I will do that like a kaptputli. Be bold and have courage to ask or say yes or no to whatever you like or don't like. i am pretty sure if you inform enough days in advance, any company will accommodate unless it is a really bad time. Colleagues and seniors just need enough time to arrange for BCRP. Don't think that is what this guy did
vvvslaxman Posted March 11, 2015 Posted March 11, 2015 If your company has both on shore and offshore employees onshore can share the load like we do in our company. They share our load during US holidays.. We do theirs during Indian holidays. If the company completely depends on Indian support then they will find it hard to accommodate it.
Cricketics Posted March 11, 2015 Posted March 11, 2015 i am pretty sure if you inform enough days in advance' date=' any company will accommodate unless it is a really bad time. Colleagues and seniors just need enough time to arrange for BCRP. Don't think that is what this guy did[/quote'] Exactly. Regardless of all the policy, these things are often considered. But the mentality in INdia is such that people either wait till last moment or just succumb to the thing and feel it can not be done.
Malcolm Merlyn Posted March 11, 2015 Posted March 11, 2015 It is simple. Company has a leave policy that you need to give advance notice. He did not follow that. From the posts it looks like he just went AWOL on the holidays. Imagine the extra work and pressure his team members would be going through during that time. And that too, they were definitely not holidays like Republic day etc. the reason many companies give off on their days and not India days are obvious, on their holidays, their customers will know and expect offs. On India holidays their customers will still expect service. If we demand our holidays then the whole point of outsourcing is moot This is one of the reason why in places like West Bengals we don't even find companies investing. Their entire mindset is this and not hard work. You have a issue with Bengalis MTC? And in India you are law bound to give off on Republic day.Kisi ka baap bhi tumse nahi kaam karwa sakta if you dont want to.
Dark Warrior Posted March 11, 2015 Posted March 11, 2015 If you are a professional' date=' 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.[/quote'] +1
Crookbond Posted March 11, 2015 Posted March 11, 2015 You have a issue with Bengalis MTC? And in India you are law bound to give off on Republic day.Kisi ka baap bhi tumse nahi kaam karwa sakta if you dont want to. Wrong. It depends from state to state. Employers *can* ask employees to work even on national holidays. That is the reason why our nation functions on these days.There are many businesses that require 24x7 functioning. In that case, the businesses CAN ask the employee to work. For example - According to the Bombay Shops and Establishment Act Section 35(4), every employee is entitled to holidays on the 26th January, 1st May, 15th August and 2nd October every year. IF the employee works he gets - (1) Double the wages and (2) a compensatory leave in lieu of the work he makes. http://mahakamgar.gov.in/MahLabour/images/pdf/the-bombay-shops-establishments-act-1948.pdf
Desi Cartman Posted March 11, 2015 Posted March 11, 2015 They basically fired him for not turning up for work on government holidays like Diwali' date=' republic day etc. [/quote'] depends on his contract, I worked on christmas in Australia and easter when I worked at a restaurant This is dumb, you cant ignore warnings. Even if he does, the fact that he didnt reply to his warning will close in his employer's favor lol.. not very smart of you to advise someone on the laws that you yourself are not clearly aware.
velu Posted March 11, 2015 Posted March 11, 2015 i have few doubts and our resident lawyers can throw some light, 1) whether employee can sue employer based on "constructive discharge" in india ? 2) whether indian employee can ask for overtime benefits incase he/she didnt get overtime benefits when working in a foreign land ?? for 2) there was a case where few indian employees working in USA sued CTS successfully and got overtime benefits ( they sued CTS in USA ). How the case might have evolved if the same guys sued CTS in india instead of US?? PS:- constructive discharge - employers forcing employees to resign by themselves
Crookbond Posted March 11, 2015 Posted March 11, 2015 yeah' date=' 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... Malcolm Merlyn Posted March 11, 2015 Posted March 11, 2015 Wrong. It depends from state to state. Employers *can* ask employees to work even on national holidays. That is the reason why our nation functions on these days.There are many businesses that require 24x7 functioning. In that case, the businesses CAN ask the employee to work. For example - According to the Bombay Shops and Establishment Act Section 35(4), every employee is entitled to holidays on the 26th January, 1st May, 15th August and 2nd October every year. IF the employee works he gets - (1) Double the wages and (2) a compensatory leave in lieu of the work he makes. http://mahakamgar.gov.in/MahLabour/images/pdf/the-bombay-shops-establishments-act-1948.pdf I am not talking emergency services. Working on these gazetted holidays is optional and if you work you get extra leave and pay. As i said these 3 days plus election day no one's baap can make you work if you dont want to.''Last year Chennai Police shut down a BPO and arrested the manager for not giving staff leave on election day and keeping the office open. http://cio.economictimes.indiatimes.com/news/corporate-news/ec-cracks-down-on-it-cos-in-tn-for-staying-open-on-poll-day/34183420 Read above. As i said,the company can be sued to its underwears for violating Indian labour laws,jail term to be extra.There cannot be any contract that violates the labour laws of a country. Crookbond Posted March 11, 2015 Posted March 11, 2015 i have few doubts and our resident lawyers can throw some light, 1) whether employee can sue employer based on "constructive discharge" in india ? 2) whether indian employee can ask for overtime benefits incase he/she didnt get overtime benefits when working in a foreign land ?? for 2) there was a case where few indian employees working in USA sued CTS successfully and got overtime benefits ( they sued CTS in USA ). How the case might have evolved if the same guys sued CTS in india instead of US?? PS:- constructive discharge - employers forcing employees to resign by themselves 1. Chapter VA "Lay Off and Retrenchment" under the Industries Dispute Act 1947 deals with constructive discharge. There are intricate details but the higher order bit is that an organization with more than 100 employees, has to take permission from the government to do so. The govt has to be convinced that reduction of force will directly benefit the organization. All said, a 1-month notice has to be given to the employee + compensation equivalent of 15-days for every year of service (6 months for additional days). A constructive discharge should be done like a stack (LIFO) i.e. the employee who joined latest should be discharged first. Since the above procedures are available for the organization, if someone "demands" a discharge - it will be treated as an unfair, unethical business practice in court. http://www.advocatekhoj.com/library/bareacts/industrial/index.php?Title=Industrial%20Disputes%20Act,%201947 2. The overtime benefits should be asked for at the place where the employee worked. India also allows overtime benefits via the Shops & Establishment Act in each state. Crookbond Posted March 11, 2015 Posted March 11, 2015 I am not talking emergency services. Working on these gazetted holidays is optional and if you work you get extra leave and pay. As i said these 3 days plus election day no one's baap can make you work if you dont want to.''Last year Chennai Police shut down a BPO and arrested the manager for not giving staff leave on election day and keeping the office open. http://cio.economictimes.indiatimes.com/news/corporate-news/ec-cracks-down-on-it-cos-in-tn-for-staying-open-on-poll-day/34183420 Read above. As i said,the company can be sued to its underwears for violating Indian labour laws,jail term to be extra.There cannot be any contract that violates the labour laws of a country. Please take some time to understand what I wrote - no one is omniscient. There are things - for example, medicine - where you know more than me. It is best to quote the law rather than repeat the same thing ("Mandatory holidays") 10 times. It does NOT make it true. It's NOT optional - an employer in the state of Maharashtra can ask his/her employee to work on these 3 holidays. However, in return the employer has to give double the daily average wages and a compensatory leave. It is just as simple as that. If the OP was working in Maharashtra, nothing could be done FYI. Each state has its own laws with regards to labor contracts. velu Posted March 11, 2015 Posted March 11, 2015 1. Chapter VA "Lay Off and Retrenchment" under the Industries Dispute Act 1947 deals with constructive discharge. There are intricate details but the higher order bit is that an organization with more than 100 employees, has to take permission from the government to do so. The govt has to be convinced that reduction of force will directly benefit the organization. All said, a 1-month notice has to be given to the employee + compensation equivalent of 15-days for every year of service (6 months for additional days). A constructive discharge should be done like a stack (LIFO) i.e. the employee who joined latest should be discharged first. Since the above procedures are available for the organization, if someone "demands" a discharge - it will be treated as an unfair, unethical business practice in court. http://www.advocatekhoj.com/library/bareacts/industrial/index.php?Title=Industrial%20Disputes%20Act,%201947 2. The overtime benefits should be asked for at the place where the employee worked. India also allows overtime benefits via the Shops & Establishment Act in each state. Thanks ☺ 1) I think my employer don't want to fire employees for the fear of getting bad name and the recruitment team recruited some 2000 people extra in the last 2 years 2) I can't claim OT benefits then Sent from my iPhone using Tapatalk Vilander Posted March 12, 2015 Posted March 12, 2015 There is diff between taking leave and being a no show. Firing someone in India for taking leave on republic day would be nice for the company, just need some publicity. Texan Posted March 12, 2015 Posted March 12, 2015 It doesn't sound like your friend requested these leaves in advance. And it sounds like he just wanted to take those days off thinking it was his birth right. Sorry my friend, in the corporate world, there are no free lunches. You can't just not show up for work one day because you think it should have been a holiday in the first place. You need to follow company policies and request the requisite time off. Even then, the company is well within its means to decline. People that work in the corporate world (whether in India or otherwise) need to change their attitudes. You cannot work at a private firm and demand a good remuneration and then expect rights like a government employee. Your friend should have been more professional and either requested time off in advance if these holidays were so important to him or suck it up and work on those days. Or, of course leave the company and join some government service where he will get plenty of such holidays. AmreekanDesi Posted March 12, 2015 Posted March 12, 2015 It doesn't sound like your friend requested these leaves in advance. And it sounds like he just wanted to take those days off thinking it was his birth right. Sorry my friend, in the corporate world, there are no free lunches. You can't just not show up for work one day because you think it should have been a holiday in the first place. You need to follow company policies and request the requisite time off. Even then, the company is well within its means to decline. People that work in the corporate world (whether in India or otherwise) need to change their attitudes. You cannot work at a private firm and demand a good remuneration and then expect rights like a government employee. Your friend should have been more professional and either requested time off in advance if these holidays were so important to him or suck it up and work on those days. Or, of course leave the company and join some government service where he will get plenty of such holidays. exactly and it seems he just took the days off without any notice even just sending them a note would be better than just going AWOL. theres sth called courtest im sorry the guy doesnt have much of a case Prev 1 2 3 4 Next Page 2 of 4 Share https://www.indiancricketfans.com/topic/89138-my-friend-is-fired-from-a-it-company-for-taking-leaves-on-government-holidays-can-he-sue-them/ More sharing options... Followers 0
Malcolm Merlyn Posted March 11, 2015 Posted March 11, 2015 Wrong. It depends from state to state. Employers *can* ask employees to work even on national holidays. That is the reason why our nation functions on these days.There are many businesses that require 24x7 functioning. In that case, the businesses CAN ask the employee to work. For example - According to the Bombay Shops and Establishment Act Section 35(4), every employee is entitled to holidays on the 26th January, 1st May, 15th August and 2nd October every year. IF the employee works he gets - (1) Double the wages and (2) a compensatory leave in lieu of the work he makes. http://mahakamgar.gov.in/MahLabour/images/pdf/the-bombay-shops-establishments-act-1948.pdf I am not talking emergency services. Working on these gazetted holidays is optional and if you work you get extra leave and pay. As i said these 3 days plus election day no one's baap can make you work if you dont want to.''Last year Chennai Police shut down a BPO and arrested the manager for not giving staff leave on election day and keeping the office open. http://cio.economictimes.indiatimes.com/news/corporate-news/ec-cracks-down-on-it-cos-in-tn-for-staying-open-on-poll-day/34183420 Read above. As i said,the company can be sued to its underwears for violating Indian labour laws,jail term to be extra.There cannot be any contract that violates the labour laws of a country.
Crookbond Posted March 11, 2015 Posted March 11, 2015 i have few doubts and our resident lawyers can throw some light, 1) whether employee can sue employer based on "constructive discharge" in india ? 2) whether indian employee can ask for overtime benefits incase he/she didnt get overtime benefits when working in a foreign land ?? for 2) there was a case where few indian employees working in USA sued CTS successfully and got overtime benefits ( they sued CTS in USA ). How the case might have evolved if the same guys sued CTS in india instead of US?? PS:- constructive discharge - employers forcing employees to resign by themselves 1. Chapter VA "Lay Off and Retrenchment" under the Industries Dispute Act 1947 deals with constructive discharge. There are intricate details but the higher order bit is that an organization with more than 100 employees, has to take permission from the government to do so. The govt has to be convinced that reduction of force will directly benefit the organization. All said, a 1-month notice has to be given to the employee + compensation equivalent of 15-days for every year of service (6 months for additional days). A constructive discharge should be done like a stack (LIFO) i.e. the employee who joined latest should be discharged first. Since the above procedures are available for the organization, if someone "demands" a discharge - it will be treated as an unfair, unethical business practice in court. http://www.advocatekhoj.com/library/bareacts/industrial/index.php?Title=Industrial%20Disputes%20Act,%201947 2. The overtime benefits should be asked for at the place where the employee worked. India also allows overtime benefits via the Shops & Establishment Act in each state.
Crookbond Posted March 11, 2015 Posted March 11, 2015 I am not talking emergency services. Working on these gazetted holidays is optional and if you work you get extra leave and pay. As i said these 3 days plus election day no one's baap can make you work if you dont want to.''Last year Chennai Police shut down a BPO and arrested the manager for not giving staff leave on election day and keeping the office open. http://cio.economictimes.indiatimes.com/news/corporate-news/ec-cracks-down-on-it-cos-in-tn-for-staying-open-on-poll-day/34183420 Read above. As i said,the company can be sued to its underwears for violating Indian labour laws,jail term to be extra.There cannot be any contract that violates the labour laws of a country. Please take some time to understand what I wrote - no one is omniscient. There are things - for example, medicine - where you know more than me. It is best to quote the law rather than repeat the same thing ("Mandatory holidays") 10 times. It does NOT make it true. It's NOT optional - an employer in the state of Maharashtra can ask his/her employee to work on these 3 holidays. However, in return the employer has to give double the daily average wages and a compensatory leave. It is just as simple as that. If the OP was working in Maharashtra, nothing could be done FYI. Each state has its own laws with regards to labor contracts.
velu Posted March 11, 2015 Posted March 11, 2015 1. Chapter VA "Lay Off and Retrenchment" under the Industries Dispute Act 1947 deals with constructive discharge. There are intricate details but the higher order bit is that an organization with more than 100 employees, has to take permission from the government to do so. The govt has to be convinced that reduction of force will directly benefit the organization. All said, a 1-month notice has to be given to the employee + compensation equivalent of 15-days for every year of service (6 months for additional days). A constructive discharge should be done like a stack (LIFO) i.e. the employee who joined latest should be discharged first. Since the above procedures are available for the organization, if someone "demands" a discharge - it will be treated as an unfair, unethical business practice in court. http://www.advocatekhoj.com/library/bareacts/industrial/index.php?Title=Industrial%20Disputes%20Act,%201947 2. The overtime benefits should be asked for at the place where the employee worked. India also allows overtime benefits via the Shops & Establishment Act in each state. Thanks ☺ 1) I think my employer don't want to fire employees for the fear of getting bad name and the recruitment team recruited some 2000 people extra in the last 2 years 2) I can't claim OT benefits then Sent from my iPhone using Tapatalk
Vilander Posted March 12, 2015 Posted March 12, 2015 There is diff between taking leave and being a no show. Firing someone in India for taking leave on republic day would be nice for the company, just need some publicity.
Texan Posted March 12, 2015 Posted March 12, 2015 It doesn't sound like your friend requested these leaves in advance. And it sounds like he just wanted to take those days off thinking it was his birth right. Sorry my friend, in the corporate world, there are no free lunches. You can't just not show up for work one day because you think it should have been a holiday in the first place. You need to follow company policies and request the requisite time off. Even then, the company is well within its means to decline. People that work in the corporate world (whether in India or otherwise) need to change their attitudes. You cannot work at a private firm and demand a good remuneration and then expect rights like a government employee. Your friend should have been more professional and either requested time off in advance if these holidays were so important to him or suck it up and work on those days. Or, of course leave the company and join some government service where he will get plenty of such holidays.
AmreekanDesi Posted March 12, 2015 Posted March 12, 2015 It doesn't sound like your friend requested these leaves in advance. And it sounds like he just wanted to take those days off thinking it was his birth right. Sorry my friend, in the corporate world, there are no free lunches. You can't just not show up for work one day because you think it should have been a holiday in the first place. You need to follow company policies and request the requisite time off. Even then, the company is well within its means to decline. People that work in the corporate world (whether in India or otherwise) need to change their attitudes. You cannot work at a private firm and demand a good remuneration and then expect rights like a government employee. Your friend should have been more professional and either requested time off in advance if these holidays were so important to him or suck it up and work on those days. Or, of course leave the company and join some government service where he will get plenty of such holidays. exactly and it seems he just took the days off without any notice even just sending them a note would be better than just going AWOL. theres sth called courtest im sorry the guy doesnt have much of a case
Recommended Posts