punamjyoti
1

Hi,
i am having an employee who has called sick to work and has taken full week unplanned leaves. he was instructed that he woulld require to get his medical tests done however he did not do the same. the next week he again took 2 more days of unplanned leave. he was having 4 days planned leave request for the last week of dec which has not been approved as his own 7 days of unplanned leaves has hit our leave kitty badly. he now expects that we sanction his 4 days planned leave too and incase we dont approve he said he would take it unauthorized. give in your views and suggestions how to handle this situation without triggring an attrition, thanks appreciate it. have a great day.

From India, Mumbai
ashish golden
7

hi punam
if any employee will take leave without prior intimation then ucan take action against him. u can give him/her show cause letter or warning letter.
and if any employee will resign without notice period then employer can deduct his/her notice period salary from full and final.
thnks
ashish
7838606486

From India, New Delhi
samvedan
315

Hello,

Retention may be very important to your situation but if for the fear of attrition you ignore belligerent misconduct,you will have far greater discipline problems in (near) future!

Leave is a privilege and NOT a right. An employee gets leave BECAUSE he is employed. His first duty therefore is to diligently discharge employment obligations and it is only subject to exigencies of work that he may be granted leave, essentially "presenctioned" (exceptions like emergencies apart and even then he is obliged to keep informed the organization soonest!)

Leave when sanctioned (pre or post) is an authodised absence and leave is enjoyed by the employee without a sanction it is an unauthorised absence. The employer's response to any unauthorised absence, is first a wage cut for that day and the employer also has an option to treat as MISCONDUCT and take a disciplinary view of the matter.

I understand your predicament in wanting to discipline and also wanting to avoid attrition. I am afraid this is not possibel, not advisable and not workable.

However, as a compromise, you may call in the concerned person, counsel him formally about his unauthorised absence and excessive leave taking taking amounting to indiscipline, document the counseling (make a note), get him to sign (ideally), even if he does not sign, make sure that you put this counseling note with signatures of all those present during counseling, on his personal file. If you do this you would have tided ove the present, immediate situation but to me this is a compromise and face saver fot he management!

For your consideration please.

Regards
samvedan
January 6, 2011
---------------------


From India, Pune
boss2966
1166

Dear
Please do not encourage the unauthorised absentism. If any employee becomes absent either overstayal of leave or absconding himself from duty give him some oral warning and chance for correcting himself. If it is being repeated in multiples please issue him Show Cause Notice stating about his act of indiscipline and why the company cannot take necessary disciplinary or administrative action be taken against him.
If his reply satisfies the requirement of management then regularise the leave or you can initiate necessary disciplinary or administrative action against him as deemed fit.
If you be lenient then you have to face the consequencies in near future.
Be cautious.
S. Bhaskar
9099024667

From India, Kumbakonam
samvedan
315

Hello,
I didn't respond to this.
If the employee is prepared to resign his employment but would want the Notice period to be waived I strongly recommend that you accept this proposition as terminating his employment will need some doing, you will still be vulnerability to legalities and your apprehension about attrition will be set at rest too!
The cost of waiving the notice period is insignificant compared to the advantages you will get!
Regards
samvedan
January 6, 20111
-------------------

From India, Pune
boss2966
1166

Instead of termination where you have to pay all the benefits to the employee, accept the resignation letter where the company will be financially benefited and while giving the Relieving Order / Service Certificate Please mention in General Behaviour /conduct of the employee and In Attendance Column Please highlight the reality.
With warm regards
S. Bhaskar
9099024667

From India, Kumbakonam
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