Dear all,
I have a situation where an employee goes on leave for 8-10 days a month without any prior information. Sometimes, she defends this by saying she is working remotely. This situation is having a very negative impact on the work environment, especially since she holds a position in HR. I am considering termination to resolve this issue. However, according to the appointment letter, a 2-month notice period or salary in lieu of termination is required.
How can this situation be avoided, and what legal issues might arise?
From India, Bengaluru
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I have a situation where an employee goes on leave for 8-10 days a month without any prior information. Sometimes, she defends this by saying she is working remotely. This situation is having a very negative impact on the work environment, especially since she holds a position in HR. I am considering termination to resolve this issue. However, according to the appointment letter, a 2-month notice period or salary in lieu of termination is required.
How can this situation be avoided, and what legal issues might arise?
From India, Bengaluru
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Hi, please don't process direct termination. You need to follow the proper disciplinary process.
Disciplinary Process for Unauthorized Absence
First, issue a warning letter for unauthorized absence without any prior information. Document it. In case of a repetition, issue a show cause notice followed by suspension, domestic enquiry, and finally termination.
Alternative Approach
Alternatively, talk to the employee to understand her actual issue. Find out the reason, and if she is not really interested in continuing, encourage her to submit a resignation and close the file amicably.
From India, Madras
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1015Disciplinary Process for Unauthorized Absence
First, issue a warning letter for unauthorized absence without any prior information. Document it. In case of a repetition, issue a show cause notice followed by suspension, domestic enquiry, and finally termination.
Alternative Approach
Alternatively, talk to the employee to understand her actual issue. Find out the reason, and if she is not really interested in continuing, encourage her to submit a resignation and close the file amicably.
From India, Madras
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If the HR executive is irregular, it should be treated very seriously. To start with, the higher official should call her, talk to her, and advise her to attend regularly. A couple of advisory letters can be issued. The best way is to call her and ask for her resignation, relieving her immediately by waiving the notice period by the Management.
Otherwise, invoke the appropriate clause in her appointment letter and discharge her from the company's services without mentioning her frequent absence in the relieving letter. Otherwise, it will create a stigma. (As per clause xxx of your appointment letter, you are relieved from the services of the company with effect from xxxxx). There is no need to mention any reason. If she raises any dispute, you can defend it in court. 99% won't dispute as they have to pursue their career elsewhere. Try to find out the real reason for her absence and address it if it is genuine.
Regards,
From India, Madras
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Otherwise, invoke the appropriate clause in her appointment letter and discharge her from the company's services without mentioning her frequent absence in the relieving letter. Otherwise, it will create a stigma. (As per clause xxx of your appointment letter, you are relieved from the services of the company with effect from xxxxx). There is no need to mention any reason. If she raises any dispute, you can defend it in court. 99% won't dispute as they have to pursue their career elsewhere. Try to find out the real reason for her absence and address it if it is genuine.
Regards,
From India, Madras
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You may find the proper cause for habitual absenteeism. There can be some genuine reasons; try to find out and counsel her. If HR is resorting to this act of indiscipline, how can you control others? This fact should be brought to her notice. Also, try to do the groundwork of initiating the disciplinary procedure.
Please also involve the MD or CEO of your company so that he/she can have a word with her before proceeding further.
From India, Aizawl
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Please also involve the MD or CEO of your company so that he/she can have a word with her before proceeding further.
From India, Aizawl
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HR Manual (Employee Hand Book).doc