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@Megha

HR duty is to make compliance and liaison between employee and employer, just keep a track record at a glance of the specific employee for last few months, and then try to find out the ethics and codes to be applied,

As a human we skip the job for couple of days for relative sickness also, for which we do not have have any valid document, if the absence is just incidental then a simple warning is enough, considering the job profile of the employee and past experience.

if it is habituated then termination can not be initiated directly, but the establishment has to issue a show-cause notice to clarify the absence without information, to the employee, through email , post , registered post and other means as may be possible

upon receipt of the reply only the employer has to consider, next step whether to ask for resume the job or further clarification. but if the employer allow without scn and reply then it would be milestone practice for other employees to make absence and return back as per their wish.

However nobody will advice to terminate direct for such a little issue of making absence for this period of coupled of days


Hi Megha,

It's first and foremost, when anyone seeks such guidance & suggestion it's paramount imperative to give full details at the time of raising a query itself. You know it takes lots time and avoidable stress to study the circumstances in totality so that whatever opinions & suggestions members are expressing should be meaningful and serve the purpose. Extracting information in piecemeal by go on asking clarifications really takes our time. Had you given all these details trickling in now in your first post itself you could have got a wholesome solution for your task on hand by now. We continue to learn till our last breath, no matter how big or small it's.

Now, you have not confirmed yet whether your's are a regd. 'Shop'. Going by description, presumably it's a 'Shop' and should have been regd. in Gujarat. That being so, and you have no policy or rules to deal such indiscipline in vogue and making it still more cumbersome with her 'abandoning' the job. In the circumstances, you have to take some pragmatic measures to address a bigger problem of sorting out the 'abandoning' rather than the 'unauthorised leave'. For the present I suggest, the leave neither applied for nor granted should be treated as LOP/absent. If she did applyfor formally after rejoining, it can be treated as LWP and withhold her salary as such. And take the 'abandoning' issue right now by issuing a 'show cause notice' if she continues to remain absent and if no resignation or any other intimation is received from her. Parallelly, for the future, you should prepare your SO or Conduct & Discipline Rules and give effect to with due approval as early as possible which only going to be a tool for a longer run.

Text of Gujarat Shops & Estt.Act is attached for your ref.

From India, Bangalore

Attached Files
File Type: pdf Gujarat (Juen 2020) Shops And Establishments (Regulation Of Employment And Conditions Of Service.pdf (1.05 MB, 1 views)
File Type: pdf Gujarat Shops & Est (R&COS) Act.2019.pdf (1.03 MB, 1 views)
File Type: pdf Gujarat Shops And Establishments (Regulation Of Employment And Conditions Of Service) Act, 2019.pdf (678.7 KB, 2 views)

Leave policy would depend a lot on the nature of the business involved; are you working 8X3 or only one shift, is it 6 day or five day working week, are you involved in manufacturing activity or you are commercial establishment or only an administrative office, where are you located, some idea on the other facilities provided to your employees etc.
From India, Mumbai
Dear Meghana,

Well established principle is for any punishment for an act of indiscipline, has to be proportional to its seriousness and no employee can be punished for an act of indiscipline without being given opportunity to be heard.

Besides your powers of taking any disciplinary action against a truant employee, emanate from the Industrial Employment Standing Orders Act/Rules if applicable or Service rules framed by the Company.

The alleged absence of the lady employee on account of sickness without intimation and supporting medical certificate , certainly deserves punishment after above stated principles are followed.

But for proved misconduct of six days absence , punishment of termination will certainly be out of proportion. The more appropriate punishment, in my view is, to treat her absence as without pay and also giving warning in writing.

Regards,

HR and Employee Relations Consultant

From India, Mumbai
Anonymous
A query regarding leaves.

If employees 12 CL are over and 12 SL balance is there but employee doesnt take SL or doesnt produce MC or just takes more CL. Should the pay be deducted since CL are over or should it be adjusted in SL account even though there is no SL proof.

From India, Bengaluru
to claim SL, Medical evidence is needed, otherwise it would be either CL or marked absent


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