Labour Law & Hr Consultant
PRABHAT RANJAN MOHANTY
Hr & Ir
Territory Hr, Mahindra Finance
23rd January 2018 From India, Jaipur
24th January 2018 From India, Mumbai
25th January 2018 From India, Salem
25th January 2018 From India, Mumbai
At times, logic can be misleading too. Please, analyse the opening statement of the thread which is extracted below:
" As per Company Policy, any employee who is absent for more than 3 days without prior notice
is termed as absconding employee."
It actually means any number of days of consecutive absence without prior notice beyond 3 days would be treated as abscondment of service by the absenting employee. It implies that up to the third such day it is unauthorised absence but consecutively beyond it the entire absence becomes absconding. In other words, the absence of the first three days just results in loss of wages only but when it goes beyond day three, the unauthorised absence from day one merges with the abscondment in effect.
30th January 2018 From India, Salem
Sir, as you are aware the courts frown upon the presumption of abandonment and has repeatedly held that mere absence alone would not justify the presumption of abandonment and the Principles of Natural Justice have to be read into it. The rule of three days of absence rendering presumption of abandonment, you would agree, is harsh and unequitable. Having faced a lot of difficulties in warding off the challenge against presumption of abandonment with 30 days of absence, I would advice a cautious approach.
31st January 2018 From India, Mumbai
31st January 2018 From India, Salem