Dinesh Divekar
Business Mentor, Consultant And Trainer
Umakanthan53
Labour Law & Hr Consultant
Nagarkar Vinayak L
Hr And Employee Relations Consultant
Rkn61
Hr Manager
Nathrao
Insolvency N Gst Professional
KK!HR
Management Consultancy

A person has resigned on 7th Jan 2021 and he is serving notice of 30 days. As per the appointment letter he can not take leave.
But he didn't came to office on 8th Jan as well as today i.e. 9th Jan.
For 8th Jan there was no info and for 9th Jan he said his mother met with an accident so he has to be with her.
What action should be taken in such a situation?

From India, Gurgaon
First of all you need to communicate to him in clear terms that during the notice period no leave is admissible as it would affect adversely the smooth transition. As regards 9th you can consider condoning the absence provided he gives satisfactory evidences regarding the accident to the mother. As to 8th you can seek reason for his unauthorised absence.
From India, Mumbai
Dear Surbhi,

If the reason shown by the employee is factually true, of course, a son cannot be indifferent towards his mother in such a situation and disown his filial responsibility. Therefore, the employer has to decide whether relaxation of his leave policy in such extenuating circumstances is essential or not.

From India, Salem
I am ready to give him relaxation in his leave policy in such circumstances but he is not having a positive attitude towards company.

Before resigning also he used to take a lot of leaves without any information to anyone.

In this month only from 2nd to 9th he took 4 days of leaves form which 3 leaves are un informed.

From India, Gurgaon
Dear Surbhi,

The first sentence of your post reads, "A person has resigned on 7th Jan 2021 and he is serving notice of 30 days. As per the appointment letter he can not take leave."

Why the employee cannot take leave? Have you linked the availing of leave to the letter resignation? No law allows the employee to disavail leave just because he/she has put up the resignation. Employee leave and separation from the company are two independent things. Are these linked together in your company?

If the employee has a habit of absenting unauthorisedly then did you initiate any action against him? Did you issue him a show-cause notice? If not then why not?

As such the employee does not give regard to the company rules. Therefore, expecting him to change his habit or follow the company rules after resignation will be a misplaced expectation. Anyway, he has submitted a letter of resignation. Start searching for his replacement vigorously.

The incident brings into light the policy of employee leave. Has been well-drafted and if yes then has been circulated to all the employees and if yes then have they understood it? Availing of leave without authorisation is misconduct and it will be handled accordingly, has this clause included in the policy?

Thanks,

Dinesh Divekar

From India, Bangalore
Dear Dinesh,

Thank you for your suggestions.

I have a doubt please clear that also.
As per the appointment letter he can take leave but it will be treated as LOP or get adjusted with EL.
Keeping this clause is right or not?

We kept this clause because during notice period employee take leave for 20 days and only comes for 10days then the project or work or handover will be hampered.
We have already gone through such situation once.



If the employee has a habit of absenting unauthorisedly then did you initiate any action against him? Did you issue him a show-cause notice? If not then why not?

And answer for this is, i have already had words with him but because his attitude is not right he remained same.
About that he complained to CEO that i have not the way to talk.

Then as per CEO asked me i have started deducting his salary for being absent then also he remained same.
There was no change in him.

Because of this i asked my boss (CEO) to issue him a warning letter but he refused because he doesn't want him to create any problem in handover.

From India, Gurgaon
I think it is good riddance if he is going. It appears, he is habitual of being absent and also has attitudinal problem, so mark him absent all days he is not present and naturally no salary.
From India, Mumbai
Mr. KK, Thank you for the suggestion
From India, Gurgaon
Dear Surbhi,

The replies to your questions are as below:

As per the appointment letter he can take leave but it will be treated as LOP or get adjusted with EL.
Keeping this clause is right or not?


Reply: - If the resigning employee has a balance of leave then nothing wrong per see if the employee avails it of from the balance. However, in spite of having balance days of leave, treating it as LOP is wrong.

We kept this clause because during notice period employee take leave for 20 days and only comes for 10days then the project or work or handover will be hampered. We have already gone through such situation once.

Reply: - When a policy on the employee leave is designed, most of the companies include one important dictum, leave is a privilege and not an entitlement. The dictum is applicable to whether the employee has resigned or not. Therefore, whether to sanction the leave application or not is a call of the HOD. If the HOD foresees discontinuity or disruption of the work then he need not sanction the leave application.

And answer for this is, i have already had words with him but because his attitude is not right he remained same. About that he complained to CEO that i have not the way to talk.

Reply: - The employee first absent then if the HR questions him, he has the audacity to approach the CEO. But then why this audacious behaviour was tolerated by the CEO?

Then as per CEO asked me i have started deducting his salary for being absent then also he remained same.
There was no change in him.


Reply: - For misconduct of unauthorised absence, just deduction of the salary is not a solution. You should follow the principles of progressive discipline.

Because of this i asked my boss (CEO) to issue him a warning letter but he refused because he doesn't want him to create any problem in handover.

Reply: - Now the crux has come out! The real problem is your weak CEO. If he is afraid that the resigned employee could tamper something at the workplace and to avoid that condoning the misconduct is a sign of helplessness. The resigning employee is exactly taking undue advantage of this helplessness.

Thanks,

Dinesh Divekar

From India, Bangalore
Dear Dinesh, Thank you for clearing the doubts. It will help alot
From India, Gurgaon

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