Dinesh Divekar
Business Mentor, Consultant And Trainer
Saswatabanerjee
Partner - Risk Management
Kamalkantps
Advocate
NavneetSarin
Tax & Labor Law Advocate
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Rajeevdixit
Hr , Personnel & Admin
Ritu_iimt
Hr Generalist
Poulmai
It Services
+5 Others

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Dear All,
Kindly suggest me for the below query.
In my organization one employee has went on unauthorized leave and given fake reason of same that ,some body in her close relation was expired ,so due to this she has taken this lone leave of 16 days.
Now management is aware that she has taken the leave without the approval on fake reason and asked me to that action of termination on the ground of misconduct.
Please suggest me tat how I can proceed for the same, since I am not having the proof that she has given the fake reason.
The theme of above is that I as a HR want to take the action for the misconduct she has done, because due to her unauthorized leave the department has suffered a lot.
Regards,
HR.Manager,
URS Certification Ltd.

Dear Ritu,

I am little surprised that this kind of query has come from managerial level employee. This is because by the time a person attains managerial level he/she knows how to handle this situation.

Now coming to your query. Have you communicated to your employees that "leave is privilege and not entitlement"? Nobody can proceed on leave or overstay unless his/her HOD approves the leave or permits extension of leave. By the way do you have proper "Employee Leave Policy" well in place? If yes, have you communicated it to your employees? Does this policy include the process for obtaining the leave?

Your employee in question proceeded on leave without proper approval. Therefore, it is unauthorised absence. Issue her show cause notice and ask explanation. If the explanation is not satisfactory then you may

(a) treat her absence as Leave without Pay (LWP) and deduct her salary for the said period or

(b) treat her absence as LWP + award her some punishment. In that case also she forfeits her salary for her absence.

Thanks,

Dinesh V Divekar

Dear Ritu,
This situation is not acceptable at any cost. Please find attached a letter to call for a written explanation from the employee. Please issue this to the employee and when he submits the explanation, please act according to the situation and as per the facts of the explanation.
In case of any doubt feel free to contact me.


Attached Files
File Type: doc Call for written explanation for Taking long leave by giving False Reason.doc (12.0 KB, 2748 views)

Dear Ms Ritu,

Your query on wishing to sack an employee fo not coming to office for 16 days means (12 working days or so) is a silly matter and one of our friend has even sent you a format for issuing letter to the employee. Friend I feel you may be working for HR but are not having much experience or your Company is one of the many rough companies who does not follow any principles of natural justice. In short please understand for this absent ism you can't sack an employee even if you are sure the employee was willfully absent although in your case you are not sure if the reason was genuine or not.

So just issue an letter asking for explanation from that employee. If you find explanation is genuine just warn him and close the file, in case if you are not satisfied you have to institute an Disciplinary inquiry committee as per the rules of inquiry and ask that person to appear for explanation and justification of is action. Once you have the report from the Committee along with the recommendation on punishment just see if it's minor punishment or major penalty. Here please understand that 16 days missing can not be treated as Gross Misconduct and does not qualify for major punishment. Anyway if major punishment is proposed you have to get it approved from your legal department or if not one in house go for some professional legal advise before taking such step. Therefore the best way out is just warn the staff and let him/her work and contribute towards the improvement of the Business.

Dear All;
Employee has not attended for 16 days. What the management was doing for 16 days? It is failure for management as well. Once we notice an employee not present for the first day we enquire verbally. Second day we make deep enquiries. Third day we send a letter to employee to resume duty immediately or to give reasons for absence. After 10 days we issue a chargesheet for absence without leave withour sufficient cause or proper or reasonable explanation. But mere absence for 16 days will not warrant dismissal from service. Lesser punishment is proper - from a mere warning to 4 days suspension. In case of absenteeism, suspension is an absurd punishment because we are again asking that employee not to come to work.
Vibhakar Ramtirthkar

Dear Ritu

The employee remained absent for 16 days without obtaiing either prior intimation and/or prior sanctionof leave. It is clearly unauthorised Now your question is how to proceed to take action for a misconduct.When she communicated that she is not attending office on account of demise of a close relative?. If she comminicated immediately on her absence or two or three days of her absence, what did you do ? did you send any communication informing that he r leave is unaithorised?If not, you made the employee believe that you belived her reason for absence as genuine which you now call a fake. Thus youmay observe that there are contradictions on mangement side itself.This apart, termination is not considered a proportionate penalty for a plain16 days absence which you initially permitted by keeping silent but which you are refusing now. It is also not known whether you have a disciplinary procedure in the form of rules/standing orders in palce.The less contoversial measure is to issue her a memo, intimating her that leave is anot amatter of right and that her absence is unauthorised having been without prior sanction or prior intimation and cautioning her not to repeat such conduct in future.

B.Saikumar

HR & Labour Law advsior

Mumbai

When an employee apply or intimate leave and the employer do not communicate it's acceptance or refusal the employee can reasonably presume that it is accepted.Hence if leave is not approved the employer shall intimate the same immediately.
Varghese Mathew
9961266966

Hi , What action has to be taken , the term everything is mentioned in the standing orders(certified). Refer your standing orders and go ahead accordingly . Regards Rajeev Dixit
Mr Rajeev , Action is possible in cases where Standing order or Model SO is not applicable. Varghese Mathew 9961266966
All of you giving reply failed to read the post properly
The employee took 16 days leave saying that her relative expired
Now the employer has proof that it was a lie. So the leave is now considered as u approved.
The problem the employer has is more to do with lying than with absence.
The question is how to terminate her on that account.
Please rethink the answers accordingly as I would like to learn more from this query


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