Dinesh Divekar
Business Mentor, Consultant And Trainer
Saswatabanerjee
Partner - Risk Management
Srinath Sai Ram
Hr Manager
Sabyashachi_hrd
Sr. Executive - Hrd & Compliance
+1 Other

Dear Sirs, I am an executive - HRD, Tenure of my service in current company only 01 month 10 days. I am in probation period. Five days ago I went to Leave without pay for the period of 3 days. But, due to personal problem I cant able to report at the 4th day. My home at the India - Bangladesh Border area, that's why I dint find mobile network. Today I reached the office at office time, than my reporting boss orally asked me, I told him but he dint give me chance to make one more day as a LWP. He also, wants written explanation from me. I instantly write to him, that was mine mistake but not intentionally at all. He dint satisfied & issued me a caution letter also recommended that, May be I will be separated If same occurred again. But, Still now I don't received it.

In this regards, I am not satisfied about my boss judgment because, that was doctrine of necessary to stay one more day and ofcourse I dint tell anything lie. Yet, He dint convert me ABSENT to LWP.

Kindly give me suggestion, What should I do Now?

How can I appeal against this. Very seriously, I am ready to go COURT if needed. Please give suggestion.

With kindest regards,

Sabyashachi
14th May 2017 From Bangladesh, Dhaka
Dear Sabyashachi,

Please note the following:

a) You work in HR Department. This department is custodian of employee discipline. Therefore, maintaining discipline is this department is necessary. You cannot have a situation wherein employees of other departments are taken on task whereas transgressions rule the roost in HR department.

b) Moreover, leave is privilege and not entitlement. In fact your HR Head was generous when he sanctioned of 3-day leave just after one month of your employment. Extension of leave is managerial discretion. You cannot challenge it.

c) Warning letter has been issued to you to correct your behaviour. As of now, you are at much lower designation. You have been taken on task to bring strictness in you. If you work under seniors who are pliable, you will be loser as you will not understand the importance of discipline.

d) For the first three days, you had been on LWP. Later fourth day you did not report for your duty. Therefore, you will forfeit your wages

for fourth day also. This is natural and logical. What is wrong in this?

e) I am appalled at your thought of going to court for not accepting the reason for the absence on fourth day. Are you serious about your employment or not? Are you serious about career or not? With intransigence of this kind, you could lose your employment. Please beware of it.

Final comments: - Your post is replete with grammatical mistakes and you have written it casually. This speaks of your casual attitude. This kind of language or attitude is not expected from juniors at least while seeking advice. You have used unnecessarily big words like "doctrine", which do not fit at all. Therefore, be cautious on what you write and how you write, lest it could infuriate your superiors further.

Thanks,

Dinesh Divekar
14th May 2017 From India, Bangalore
Frankly, your boss is correct. In fact, he has the liberty to have fired you on the spot instead of just giving a warning letter. You have taken leave and not returned and have not taken any steps to inform the company of the same. Even in the border area, I am sure local landline phones or some mode of communication is available.

You claim doctrin of necessity. There is no such doctrin applicable in HR except in case of action taken to save life or property or to execute a valid government or court order. You have not also stated what that necessity was. I am sure your boss also fees that you are just making an excuse.

In the first place, no leave should be given during probation. So they did you a favour. They did you another favour by allowing you to stay and give another chance. I do not know what Bangaladesh Labour Code says, but if it has a concept of standing orders, then definitely there is a provision under which the company could have removed you anyway. Further, in probation you are liable to be dismissed without notice.

Forget about protecting your bosses decision, you should be grateful and apologise to him, and definitely not take such a step again. As for court, forget it, you are in the wrong and there is no chance of getting relief from there
14th May 2017 From India, Mumbai
Dear Mr Sabyasachi,
You have just started your career.You have the position of Executive-HRD, Please think of holding that position & building your career.
Henry Ford has said "DO NOT FIND FAULT, FIND REMEDY" Remedy lies in you. Warning/Caution Letter is fully justified.Focus on your Job, you have a long way to go.Do not miss this opportunity, you may never get such an opportunity again.
14th May 2017 From India, New Delhi
Hi Friend --- I fully agree with Mr. Dinesh & Mr.Banarjee.... Pl note that HR is custodian of discipline & if the HR is going on wrong track how the discipline can be brought in to the organization.
Sanction of leave is at the discretion of the Management & it is noway the right of employee. The management has every right to call you back to report for duty even in the course of your sanctioned leave hence better to understand the procedure and comply. Over & above all this you should mind that you are in to probation, in general any employee's services can be terminated with out any notice.
Request you to look in to your career and you are at the beginning of your career and now itself you are thinking about going for legal actions etc., Pl introspect yourself and try to change yourself failing which you have to face hardships.
17th May 2017 From India, Hyderabad
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