One of the employees in my current organisation, has already been warned, twice, that too, in ten months time for unwarranted absenteeism .

He always takes leaves giving petty reasons, and no advance intimation is given.

Infact the current scenario is that his team is under scanner for performance issues.

And the 2nd warning has been issued on 18th September.

He is good at his work, but his attitude is not good at all. The letter that i have issued is mentioned here.



Designation: Executive Documentation

Sub. – Warning Letter


It has been observed that you have proceeded on leave without prior permission of the concerned authorities, resulting in willful insubordination and gross negligence of duties, in your capacity as Executive Documentation.

Absenting yourself from duties without prior intimation is a misconduct for which you are making yourself liable for necessary action.

You are hereby warned to refrain from such activities; failure to do so shall invoke appropriate action.

You are further advised to submit a written explanation on your unauthorized leave as soon as you receive this letter or as soon as you resume duties.

Kindly treat this as very urgent.)

On 3rd October, He called his HOD at 11 in the night telling him that he has some personal problem and he cannot come next day.

Today when he has reported to work, he is submitting a leave application for his absence.

__________________________________________________ ________________________

I want to take a disciplinary action, giving him final warning, also mentioning that he is not eligible for any leaves (He has Availed 34 leaves this year _ out of which only 12 are legitimate reasons)

Please let me know what kind of action can be taken, will my notice be of any good, as i cannot see any change in his attitude.

From India, Mumbai
Dear Bharati,
Hope you have an employee policy that if an employee has got 2 warning and on the third warning he can be terminated. If not kindly add the same policy ASAP.
Regarding the employee, here there is no use of counselling with the employee since he will not change and he has taken everything as granted and also note that an employee who may be good at work without discipline and attitude will not grow.
So try to terminate the employee by calling him along with his reporting boss. Have the proof of his absent for every month. Give him a final warning letter which leads to termination.
If you encourage the employee for his good work your organisation culture will be spoiled and everyone shows him as an example for the mistake they do in future.

From India, Mumbai
Hi Bharati,
Your warning letter is correct, Now as you mentioned in warning letter, now you just call and inform him, herein afeter ther is no leave alowed for you, once if you take any leave it will be treatedas LOP and if you take more then two days leave then the mangement will take a necessary action it may be termination and get a written letter from him that he will not any leave in feature and if taken then himself laible for the above said action.

From India, Madras
The company did not have a HR department earlier. Only Letter of appointment was given by accounts department.
I am in process of documenting Employee Manual and policies and procedures.
People were asked to leave on disciplinary grounds or non performance earlier immediately.
I will incorporate the same, in the manual as a policy.
Thanks & Regards
Bharati S Joshi

From India, Mumbai
Dear Bharati,
Wait before adding termination clause to appointment letter or service rules.
Just think, What will you do:
1. if your employee donot submit his written explanation and tries to justify or
2. submits a personal reason like mother suffering with cancer and he is lone care taker at home....?

From India, Delhi
Namaste SharmaJI,
I have currently asked him to submit a written explanation for his behavior, also mentioned that all his leaves will be LOP.
His privileges like half days on Saturdays have been withdrawn temporarily.
Awaiting his explanation as of now.

From India, Mumbai
Hello Bharati

Building a record about the conduct of an employee which is violative of discipline is an important step in disciplinary management. You have initiated that process. If you want to take disciplinary action or even termination, you need to invoke some term or clause or rule without which you run the risk of your action being termed arbitrary. However in the absence of any written service condition or conduct roles, the principles of natural justice will govern the action of the employer.I cannot therefore suggest any summary termination of the employee without issuing a showcause notice and hearing him in respect of his unauthorised absence. If he submits an explanation and if the same is found satisfactory and justified, you can not terminate the servcies. If it is not satisfactory, you need to furnish the reasons as to why it is not satisfactory instead of jumping to terminate him. All this is suggested keeping in view the risks of summary terminations. Avoid expressions like "unauthorised leave"etc in your letter as leave cannot be unauthorised.

I have the following options for you.

1) Since he is a good worker, call the employee and know the reasons as to why he absents -whether it is some domestic problem etc and if so whether the same can be solved by other options like allowing him to come late and leaving late or by changing weekly off for him or employing facility of 'work at home' for a day in a week etc.

2)Analyse the cost of hiring another good worker and the possibility of making the existing employee in question to toe the line by warning him one more time and alerting him to stricter in action in future like deduction of wages on "no work-no pay' basis.If his conduct affects general discipline, you have to take a call after taking stock of all the circumstances.


HR & Labour Law advsior


From India, Mumbai
Dear Bharati,
While technically sai have a good law point which should be born in mind, before taking final action.
However, as a practical manager, I again draw your attention to quoted box, again.
Your reply from core of your heart and brain will give you the right solution.
If at all you are at loss to identify that, at least you will get ideas for your next move.
Please try it and share with us.

From India, Delhi

I appreciate Mr Saikumar's input and Sharmaji your views as well.

Mr Saikumar, how can an employer validate a leave if "the said employee calls his senior at 11 in the night just informing that he has some problem and he cannot come tomorrow. "

Is that leave authorized ? The reason i initiated this entire process is that he has been habitually taking leave, and every time it is some silly excuse.

The said employee did submit an answer / explanation. The only justification he gave was that he cannot share his family problem.

Before issuing him the letter, I initiated all HOD's meeting who spoke with him, made him understand, that everyone has family or personal issues, but they cannot be part of office work. He was given counselling by all of us, that he should learn to manage his work as priority during working hours and his family and personal problems can be sorted when he is not in office.

He has been warned that any further leaves unless necessary will result in strict disciplinary action.

Nowhere it has been mentioned that he will be terminated from his service.

I hope that he will show change for betterment.

From India, Mumbai
Bharati, I think you managed it well and made a good learning in this episode. Step care approach helps you take rational decisions. Start thinking how will you proceed if he comes late now?
From India, Delhi

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