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

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
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File Type: doc Call for written explanation for Taking long leave by giving False Reason.doc (12.0 KB, 2706 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
The queriest dilemma, as observed from the post, is as to how to proceed to terminate the employee since he does not have a proof that it is a lie. He has knowledge that the reason is fake but no proof to nail the lie.In service law, knowledge needs to be substantiated by evidence, other wise it is termsed as one's own conjecture on the basis of which no one can vindicate his action as legal.
B.Saikumar
Hr & labour Law Advsior
Mumbai
Dear All,
Please first read the post properly than comment if the situation is sily or not. I would like to ask Mr. Navneet to go through the attachment and see what does that letter said. It is a letter to call for an explanation itself not a termination letter.
I request the worthy members to go through the post properly and then comment. Please do not confuse the Querier.
I agree with Mr. Saikumar that in the casre at hand the Querier need to ask the employee for explanation with proper documents because of which i have attached the letter for asking for explanation and submission of proof of such death against which the employee has taken leave.
Dear Friends,
One of our senior member wish to learn from this query, So if you really wish to learn and do justice to your Job or HR please understand the definition of misconduct and the difference between minor offence and major offences and rules and regulations relating to punishment. Then you have to study theories of punishment and burden of proof. We are members of civilized society and must adhere to norms of natural Justice. A person working for and Company is a human being and have to be treated as a human. Companies can't treat him or her as a bonded labor. A person missing from office for few days can't be sacked. I feel this forum should not be used to help people devising ways to sack people on flimsy reasons. This forum should be used to spread information and enlightenment in the welfare of masses.
Dear Navneet,
Who is missing from office? first question. Second Question Who is getting sacked? Thirdly who is helping people to plan to sack people on flimsy reasons. Please help me understand these questions from this post.
Your help would be highly appreciated. Thanks in advance.
Dear Friends,

One of you have asked some questions to me, the questions are general and I wish to say the following. Dear HR friends when you are working for HR you have to under stand your job responsibilities. You are not a steno or PA to the Boss, You are there not only to implement the wishes of the CEO or the Boss but also to help workers and staff to grow and develop. If you succeed in the second part of your duty it will be really good for the Company and Management of the Company you are working for. I don't say termination of a or few of the staff is worst thing to do. Do it when there is no other way out but otherwise always remember Human comes 1st in (HR) so be Human and Honest. Be flexible and try to understand the genuine problems of workers even if some of them are at fault just try to convince them that they are wrong. If HR people are polite and understandable they can always control the situations. This will result in weakening of Unions, unrest among workers and will never let what happened in MSL last year.

I am of the view that this forum should never help people to find ways for sacking people on minor grounds as dear friends there are many holes in the rules and if one knows the Laws properly it's very easy to fabricate a solid case against any worker and on the basis of that an innocent person can be sacked.

For the reply to rest of questions please go through the origin of this thread and you will find the real intention of this post. Anyway thanks for reading my post and taking it seriously.
I think it should be from beginning she have to provide details with approve of emergency leave why need to take emergency leave what the document that she have later you can allowed to her or not to go on an emergency leave
regards
Dear all,
Please advise.
Q) what is the process to recover the FnF dues from the employees who have resigned and have failed to pay the liable dues to the company.
- what will be the procedure and format of letters to be issued in this conditions.
-what type of legal/show cause notices can be issued
- what will be the sequence of this process. please provide me the information ASAP.
Good question by Ani.21 and that too at right time, to divert all of us. Hello Ani.21, Are you a moderator? Good job.
Dear Ani.21,
I regret for my posting. You are a new member in this forum and it was your first posting. I do not wish to discourage you dear.
Current topic in this discussion / thread is on - action on unauthorised leave. Your query is not related to it. It is a new topic for discussion. In such case you should post you query in new thread to invite fresh discussion.
To start fresh discussion, you should click on the option ASK on tool bar at top and then choose a single appropriate category.
You are requested to ask your query in new thread as explained above. Looking forward for your active but meaningful participation.
Hi,
Currently I am in US to take care of my ailing husband.I was in earned leave,and I have exhausted all my earned leaves.Now I need some more days to take care of my husband as his condition is not good but as far the HR policy I am not eligible for LWP and I can't apply LWP.HR mailed to join immidiately unless company will take diciplinery action against me.So what will be the consequences are they going to terminate me ? Please suggest me what to do i am in a great trouble.
Thanks,
Dear Ritu,
If Employee is on contract basis, then uninformed/ unauthorised leave for continuous period of 7 days "may" lead to termination.
But, retaining an employee is an important function of HR. So please communicate with the employee as to what led to take leave for 16 days and as the leave is taken for the death of her relative, let her write a letter stating the purpose and apologise for the inconvenience caused and also ensure that in future she will intimate in similar circumstances. Deduct the salary for the period of absence.
Dear Poulmai,
Mail you company HR the treatment reports of your husband and tell them that your husband needs you. However if your company still decides to take action against you, you tell them that you are ready to join the enquiry against you and take the reports of your husband in that enquiry. My experience says in case of such emergencies companies do not generally take extreme majors like termination. Send those reports to your Management and hope for the best.
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