Dinesh Divekar
Business Mentor, Consultant And Trainer
Saswatabanerjee
Partner - Risk Management
Rdsyadav
Educator, Management Consultant & Trainer
+1 Other

Thread Started by #Ravibhagavatula2012

We operate into sales and do operations all over. My reportee went on unauthorized leave without prior approval for ten days.
And followed indiscipline procedure against norms - threatened to offer resignation if leave is not granted. He came back later to Apologise for the issue.
30th November 2016 From India, Hyderabad
Dear Ravi,
Leave is a privilege and not an entitlement. Have you included this axiom in the leave policy? If yes, has it been communicated to all the employees? If communicated, then have they understood the meaning of it?
Unauthorised absence of employees throws the work out of gear. Occasionally, it is cause of customer dissatisfaction too. Against this backdrop, if you have initiated the disciplinary procedure then well and good. Go ahead and take it to the logical conclusion. Earlier the gentleman has shown bravado and later chickened out and tendered his apology. However, after misconduct, this apology means nothing. It is important to maintain culture of discipline and those who stray from the laid down instructions need to be taken on task. This will send a message to one and all about what organisation stands for.
Thanks,
Dinesh Divekar
30th November 2016 From India, Bangalore
I agree with what Mr. Divekar said with a little change that "leave also is a legalized entitlement" of Stuff but surely "Leave (PL) is to be planned and be enjoyed in agreement with the Employer". In this case, I feel, condoning the misconduct (minor) with issuance of a "Warning Letter" detailing the misconduct that is condoned would be the best treatment.
Regards,
30th November 2016 From India, Pune
Dear All,
The response of Mr. Dinesh Divekar supplemented by Mr. Soumitra Sengupta in support of reply to this post are excellent !!!. Excellent Post and excellent suggestions!! Keep it up!!!
Regds,
R.D.S.Yadav
Labour Law Adviser
and
Director,
Future Instt. of Engg and Management Technology

30th November 2016 From India, Delhi
Ravi,
You have given the facts but not specified what you want for the forum
Are you asking legality of his unauthorised leave ?
Or are you asking what you need to do ?
What is the punishmeet you had in mind ?
Seniors on the forum can vet your proposed punishment and tell you whether it's legal and whether it's a good idea to impose it.
30th November 2016 From India, Mumbai
Apart from the above views by the seniors, have surprisingly noticed a line mentioned by you that "threatened to offer resignation if leave is not granted" which is very alarming and awakening, it sounds like bribing the reporter. Hence as mentioned by Mr. Divekar disciplinary procedural has to be conducted and appropriate action need to initiated as per my view.
30th November 2016 From India, Ahmadabad
Thanks all for your suggestions,keeping all these points in view can this person be transferred to some other location from the base location.
1st December 2016 From India, Hyderabad
Dear Ravi,
This is a response to your second post.
Transfer of employee from one department to another is subject to the administrative requirement. It need not be linked to the misconduct of an employee. Any such linkage would erode importance of that process/department to which the employee is transferred. Otherwise, in general, employees will construe this process/department as ground to dump those who backslide. This will not be a healthy trend.
You may issue warning letter for the unauthorised absence and forfeit pay for the said period and issue separate transfer letter.
Thanks,
Dinesh Divekar
1st December 2016 From India, Bangalore
Yes, you are free to transfer him to another location, either as punishment for misconduct or as administrative move if his standing orders ? Stated policy or appointment letter allows for it. If you are doing it as punishment for misconduct, then how do you actually justify it ? Is that location less critical, carrying less salary or less disruptive if he goes on leave again ?
To me it looks better if the punishment was lowering his increment or something as punishment. However, you know the conrucmstances and the nature of employment and what actually is an effective punishment
1st December 2016 From India, Mumbai
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