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My friend is fired from a IT company for taking leaves on government holidays, can he sue them?


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Posted
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.
This.
Posted
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'] In outsourcing sector, you get holidays on US or UK calender, not Indian because you are working for US or UK based clients.
Posted
In outsourcing sector' date=' you get holidays on US or UK calender, not Indian because you are working for US or UK based clients.[/quote'] but still u get arnd 10 personal days and you can schedule those to be around these holidays
Posted
but still u get arnd 10 personal days and you can schedule those to be around these holidays
Yeah, leaves are available but you need to inform in advance or in case of emergency leave, can inform the designated person immediately. It isn't like you cannot take leaves at all.
Posted
but still u get arnd 10 personal days and you can schedule those to be around these holidays
Plus vacation days plus sick days, etc. I find it pretty silly when people in India complain about not having enough holidays. Most people working in US have to make do with about 10 days of vacation and 6-8 federal holidays. And they shouldn't complain either because they signed up for it knowing these clauses. But people working in India in the corporate sector usually get 20-25 holidays along with some set holidays. That should be sufficient to cover your vacations, religious ceremonies and national holidays etc. Besides, not showing up for work without informing anybody is just seriously a wrong thing to do. It shows callousness and lack of responsibility. For that alone, your friend deserves to be fired. I remember one time when I fell sick on a weekend and had to be taken to a hospital the first thing I did was call up my boss and inform him that I won't be able to show up at work the next couple of days.
Posted

Who's this retard and why are you still friends with him? He didn't bother to notify the company that he's taking leave, just went and did his own thing and now acts surprised? Feck off. If you have the balls, go build your company...you will be able to take 365 days off.

Posted
Who's this retard and why are you still friends with him? He didn't bother to notify the company that he's taking leave' date=' just went and did his own thing and now acts surprised? Feck off. If you have the balls, go build your company...you will be able to take 365 days off.[/quote'] LOL OP convinced the said friend to take the days off :hysterical:
Posted
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.
You are right in the case of the OP but IF this remark was general; you have missed the point of certain rights. IF the government mandates that you are to be given a holiday on day X, you have COMPLETE RIGHT to NOT show up on work without notice - simple as that. Company "policies" do not over rule the law of the land.
Posted
Plus vacation days plus sick days' date=' etc. I find it pretty silly when people in India complain about not having enough holidays. Most people working in US have to make do with about 10 days of vacation and 6-8 federal holidays. And they shouldn't complain either because they signed up for it knowing these clauses. [b']But people working in India in the corporate sector usually get 20-25 holidays along with some set holidays. That should be sufficient to cover your vacations, religious ceremonies and national holidays etc. Besides, not showing up for work without informing anybody is just seriously a wrong thing to do. It shows callousness and lack of responsibility. For that alone, your friend deserves to be fired. I remember one time when I fell sick on a weekend and had to be taken to a hospital the first thing I did was call up my boss and inform him that I won't be able to show up at work the next couple of days.
Could you compare the labor laws with regards to holidays of US versus India? For some reason, I think you are off the mark with your holiday calculations. Maybe, I am wrong.
Posted
You are right in the case of the OP but IF this remark was general; you have missed the point of certain rights. IF the government mandates that you are to be given a holiday on day X, you have COMPLETE RIGHT to NOT show up on work without notice - simple as that. Company "policies" do not over rule the law of the land.
You do know that public and private sectors are 2 different things? And that when government declares holidays, it is not a mandate or a law and it's writ is limited to public sectors? Even private schools, can decide not to declare holidays and that is not illegal.
Posted

BTW, India has only 3 national holidays, Independence day, Republic day and Gandhi Jayanti. Adn even on these days sometimes companies can give compensatory offs for other days or give double pay.

Posted
BTW' date=' India has only 3 national holidays, Independence day, Republic day and Gandhi Jayanti. Adn even on these days sometimes companies can give compensatory offs for other days or give double pay.[/quote'] May day mandatory.
Posted

Very good point regarding the number of leaves that an avg private sector employee enjoys in India. He gets 20 days paid leaves. On top of that sick leaves. And then saturday and sunday off. Plus national holidays and other holidays declared by the company. And then he cribs.

Posted
Could you compare the labor laws with regards to holidays of US versus India? For some reason' date=' I think you are off the mark with your holiday calculations. Maybe, I am wrong.[/quote'] Sir, I have worked in the private sector in India as well as the US. The same company that provides 25 days of paid time off (Vacation, personal, sick) in India provided 15 days of time off in the US. That is still very generous because most American companies would only give you 10 days of time off in the first few years of your employment.
Posted
You are right in the case of the OP but IF this remark was general; you have missed the point of certain rights. IF the government mandates that you are to be given a holiday on day X, you have COMPLETE RIGHT to NOT show up on work without notice - simple as that. Company "policies" do not over rule the law of the land.
I don't think the Government mandates the private sector to have certain days off. The private sector can decide which days they want to be closed for business. Most Indian companies pick a subset of all the holidays in a year and set those as holidays. Closing business for all public holidays for businesses will lead to disruption of services especially if these companies are supporting other workers in different countries.
Posted

Only lawyers can find a loop hole. But still not sure how you can establish a connection between firing and your friend going AWOL. They could always say "restructuring" or "under performance". Going AWOL multiple times is a big violation in my company. I missed a flight once.. I didn't have phone number to inform. I got really nice from my boss as i was production support that day.

Posted

If he had certain PAID TIME OFF each year, Labor law allows him to use them as needed. But giving your employee prior notice about your vacation/leave plan is imperative for the proper functioning of business. How hard it is for both the parties to understand? Why the heck is this even a problem? I don't recall anyone ever stopped me from taking time-off as I wished. Sometimes with a short notice of few days. It all depends on who you report to and their perception about your work and you position in the company. You cant sue the company for this. Sorry.

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