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