Umakanthan53
Labour Law & Hr Consultant

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Hello, Can an employer deny to give leaves if employee got warning letter?
From India, New Delhi
Dear Manindar,
"Warning" is the most lenient remedial measure of disciplining any misconduct on the part of an employee.
"Leave" is a statutory or contractual welfare benefit of employment subject to certain restrictions.
But, outright denial of any leave applied for without any valid reason like exigencies of work is a bad HR practice when there is sufficient leave at the credit of the employee and the purpose of leave is a reasonable one.
That apart sanction of leave to an employee is only an occasional affair. So, sanction or refusal has to be decided with reference to the occasion only and not on any behavioral issues of the employee.
However, the earlier warning was for issues like frequent availing of leave,unauthorized absence etc., detrimental to the work of the organization, the Employer's hesitation can be justified. No hard and fast rules can be laid down and only the Employer can be the best judge of the situation.

From India, Salem
Dear sir,
Thanks for sharing your valuable information.
Actually, I received a final warning letter on my portal. Prior to this I have not received any warning from my employer both orally and verbally. The allegation in warning letter are 90% false and 10% true. They force and create office pressure to either accept warning letter or submit resignation. I request my General Manager at least give 10 minutes to discuss the allegation. But he denied by saying "first accept warning letter, then discuss to me". I have not accept warning letter because it is 90% false and a consequence of office politics.
Also, I have appraisal in October month.
They also humiliate me and keep peer pressure on me to accept the letter .
Sir, how can I tackle the situation as this mentally stress and depressed me.
Pls reply asap

From India, New Delhi
Dear sir/madam,
It will be prudent on your part to accept the warning letter and then submit your explanation where you can refute the charges with ample evidence. At the same time you have to admit the 10% of charges, which according to you are "true" and you have to give an assurance that you will not repeat such mistakes. This alone is an amicable process.

From India, Chennai
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