Saswatabanerjee
Partner - Risk Management
Lalit Thakkar
Systems Consultant
Grpadmasekhar
Sr. Project Manager
+1 Other

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hello
i had joined to a small software company, where the strength of office is 9 employees. there are rules for taking leave, types of rules, but i am not getting anything on excess leaves.
can anyone tell me as per laws what to do if employee takes excess leaves ??
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If you take excessive leaves they will be leave without pay.
If any person takes excessive leave on a number occasion, specially unapproved, then you have the right to terminate him. Yours being a very small organisation, most of the laws relating to industrial dispute does not apply. However, follow the procedure for termination as has been stated in many discussion in this forum
Excess leaves are not allowed but in emeregency you can avail with permission . Company can impose LOP or you work extra to compensate.
employer can take any actions against employees like loss of pay, termination... then if it’s loss of pay then what is the percentage to deduct from salary ? like a day salary ??
Loss of pay so for the days on which excess leave is taken It can not be a punishment in the form of lwp for days worked. Termination on grounds of habitual or repeated absentism is allowed
1. then how it will be calculated sir ...
as employee is allowed to take 18 leaves in year and if any employee takes 25 leaves or more than that also, then what is action to take on him ??
2. can u please tell me what is the meaning of loss of pay with example ??
1. Total leave is credited to the account of each employee on jan 1 based on the number of days worked in previous year.
2. As the leaves are used, it is deducted for the balance.
3. If the employee is absent when there is no more leave pending in his account, then he does not get paid for that day. When computing salary for the month, the salary is deducted for those days.
If an employee absents himself from duties, he may be permitted to avail of various leaves e.g. privilege leaves, casual leave, sick leave etc. provided these leaves from a part of the agreement between the management and the union of workers. Otherwise, in the event of applicability of The Factories Act, only privilege leaves are provided for in the act. But I do know of the practices of various companies where all the above three types of leaves are provided in the agreements. Any employee remaining absent from duties after exhausting all the days of leaves provided in the agreement is deemed to have remained absent without leave. Such frequent absence without leave amounts to misconduct under Industrial Standing Orders Act and renders the delinquent employee to disciplinary action. The procedure of initiating and conducting disciplinary action MUST be observed befro inflicting any punishment on the delinquent employee.

In case of small companies where statutes do not apply, the management of the company must formulate rules to this effect and make them a part of the appointment order while recruiting the employee.
The original post was for an organisation with a total of 9 employees.
There will neither be an agreement with the union, nor will standing orders apply
He has to proceed simply as provided by the local shop and establishment act

Hi Vadirajaa,

Step 1:

If an employee is taking leaves without approval, it can be imposed as LOP

Step 2:

If that employee is taking leaves without approval of the immediate supervisor/ line manager, then HR has to send a mail to his/ her personal & professional mail IDs, asking about his/ her uninformed absence and explanations on his third day of continuous absence without information, copying the mail to his/ her immediate supervisor/ line manager.

Step 3:

After sending a mail as in STEP 2, the HR has to try reaching that employee in his/ her contact number, as well as the emergency contact given by that employee.

Step 4:

If the STEP 2 mail is not responded by that employee within 24 hours and he is unable to contact, then the HR has to take the approval of his/ her immediate supervisor/ line manager to terminate the employment of that employee with the company.

Step 5:

Now, the HR has to send a warning mail to that employee copying his/ her immediate supervisor/ line manager, stating a time limit of 24 hours and mentioning that "Failure for explanation will lead to termination of employment".

Step 6:

If the mail is responded, no problem already a warning has been given as mail.

If not, then the HR can directly terminate the employment of that particular employee.

NOTE:

Excess leaves in case of emergency can take a post approval of immediate supervisor/ line manager, explaining the sensitivity of the situation to his/ her immediate supervisor/ line manager.
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