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Sudeep D
Dear all, I have a situation where an employee who goes on leave min 8-10 days a month without any prior information and sometimes defend saying working from, it is impacting very badly to the environment as she is HR by designation. Now I want to terminate her and get rid of the situation.
But as per the appointment letter 2 months notice period or the salary to be paid in terms of termination.

How to avoid this and any legall issues to be faced?

From India, Bengaluru


Please don't process direct termination. You need to follow proper disciplinary process.

First issue warning letter for unauthorized absence without any prior information. Document it. Incase of repetition issue show cause notice followed by suspension, domestic enquiry and finally termination.

Alternatively talk to the employee as to what is her actual issue. Find out the reason and if she is not really interested to continue encourage her to submit resignation and close the file amicably.

From India, Madras

If the HR executive is irregular, then it should be treated very seriously. To start with, the higher official has to call her and talk to her and advice her to come regularly. A couple advice letters can be issued. The best way is to call her and ask for her resignation and relieve her immediately by waiving the notice period by the Management.

Otherwise, invoke the appropriate clause in her appointment letter and discharge her from the services of the Company 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 w.e.f xxxxx) No need to mention any reason. If at all she raises any dispute, then, you can defend in the court. 99% wont dispute as they have to pursue their career elsewhere. Try to find out what is the real reason for her absence and address that if it is a genuine one.

From India, Madras

You may find proper cause for habitual absenteeism. There can 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 ground work of initiating disciplinary procedure.

Please also involve MD or CEO of your company so that he/she can have a word with her, before proceeding further.

From India, Aizawl

Sanction of leave is at the discretion of the competent authority. The official cannot avail of leave as matter of right, esp. when it is not applied in advance.
From India, Kochi
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