Leave Denial Legal Rights
Summary
In Punjab, employees have rights to earned and casual leave under the Punjab Shops and Commercial Establishments Ordinance, 1969. Employers must act reasonably in granting leave. The Industrial Disputes Act, 1947 prohibits unfair labor practices. Mental health is recognized as a valid reason for leave under the Mental Healthcare Act, 2017. Internationally, ILO Convention No. 158 and the Universal Declaration of Human Rights protect against unjust dismissal and ensure favorable work conditions. Document all communications and consider filing a formal grievance with HR or approaching the labor court if necessary.Full Conversation
I want to file a representation on firm and robust legal basis
To file a representation on a firm legal basis, consider the following steps:
- Document Everything: Keep records of all communications with your supervisor and HR, including emails, medical certificates, and any documents related to your leave requests and salary stoppage.
- Grievance Procedure: File a formal grievance with your HR department, detailing your situation and providing all supporting documents.
- Labor Court: If the grievance does not resolve the issue, you can approach the labor court for redressal.
Would you like more information on how to draft a formal grievance?
I want you to provide some relevant rules / laws from national and international bodies, for reference in my representation.
Here are some relevant rules and laws that you might find helpful for your representation:
National Laws (India):
-
The Punjab Shops and Commercial Establishments Ordinance, *:
- Employees are entitled to earned leave and casual leave.
- Employers must act reasonably and fairly in granting leave.
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The Industrial Disputes Act, *:
- Prohibits unfair labor practices.
- Provides a mechanism for resolving disputes between employers and employees.
-
The Mental Healthcare Act, *:
- Recognizes mental health issues as valid grounds for leave.
- Protects rights of employees with mental health conditions.
International Conventions:
- ILO Convention No. * (Termination of Employment)
- Employers must provide valid reasons for termination or disciplinary actions.
- Ensures protection against unjust dismissal.
- Universal Declaration of Human Rights, Article *:
- Right to just and favorable conditions of work.
- Right to protection against unemployment.
Would you like more information on how to draft a formal grievance based on these laws and conventions?
what happened?
It seems like your situation involves potential violations of labor rights, including leave denial, mental health leave, and salary stoppage. Here are some relevant rules and laws:
National Laws:
- Punjab Shops and Commercial Establishments Ordinance, *:
- Right to earned and casual leave.
- Employer discretion on leave should be reasonable.
- Industrial and Commercial Employment (Standing Orders) Ordinance, *:
- Protection against unfair labor practices.
- Rights related to medical leave.
International Standards:
- International Labour Organization (ILO) conventions:
- Right to reasonable working conditions.
- Protection of mental health at work.
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