Dear Sirs, I am an Executive - HRD with a tenure of only 1 month and 10 days in my current company, currently in the probation period. Five days ago, I went on leave without pay for a period of 3 days. However, due to a personal problem, I was unable to report on the 4th day. I reside in the India-Bangladesh Border area, which is why I couldn't find mobile network coverage.
Today, I reached the office on time, and my reporting boss orally inquired about my absence. I explained my situation, but he did not allow me to extend the leave without pay for one more day. Instead, he requested a written explanation. I promptly provided one, acknowledging my mistake as unintentional. However, he was not satisfied and issued me a caution letter, suggesting that I may face separation if a similar situation occurs again. As of now, I have not received the caution letter.
I am dissatisfied with my boss's judgment in this matter. It was necessary to stay one more day, and I did not provide any false information. Despite this, my absence was not converted to leave without pay.
I seek your advice on how to proceed and appeal against this decision. I am prepared to take this matter to court if necessary.
With kindest regards, Sabyashachi
From Bangladesh, Dhaka
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Today, I reached the office on time, and my reporting boss orally inquired about my absence. I explained my situation, but he did not allow me to extend the leave without pay for one more day. Instead, he requested a written explanation. I promptly provided one, acknowledging my mistake as unintentional. However, he was not satisfied and issued me a caution letter, suggesting that I may face separation if a similar situation occurs again. As of now, I have not received the caution letter.
I am dissatisfied with my boss's judgment in this matter. It was necessary to stay one more day, and I did not provide any false information. Despite this, my absence was not converted to leave without pay.
I seek your advice on how to proceed and appeal against this decision. I am prepared to take this matter to court if necessary.
With kindest regards, Sabyashachi
From Bangladesh, Dhaka
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Dear Sabyashachi,
Maintaining Discipline in the HR Department
Please note the following:
a) You work in the HR Department, which is the custodian of employee discipline. Therefore, maintaining discipline in this department is necessary. You cannot have a situation where employees of other departments are held accountable while transgressions prevail in the HR department.
b) Moreover, leave is a privilege and not an entitlement. In fact, your HR Head was generous when he sanctioned a 3-day leave just after one month of your employment. The extension of leave is at managerial discretion, and you cannot challenge it.
c) A warning letter has been issued to you to correct your behavior. As of now, you are at a much lower designation. You have been tasked with instilling strictness in yourself. If you work under seniors who are pliable, you will be at a disadvantage as you will not understand the importance of discipline.
d) For the first three days, you were on leave without pay (LWP). On the fourth day, you did not report for duty. Therefore, you will forfeit your wages for the fourth day as well. This is natural and logical. What is wrong with this?
e) I am appalled at your thought of going to court for not accepting the reason for the absence on the fourth day. Are you serious about your employment or not? Are you serious about your career or not? With intransigence of this kind, you could lose your employment. Please beware of it.
Final Comments
Your post is replete with grammatical mistakes, and you have written it casually. This speaks of your casual attitude. This kind of language or attitude is not expected from juniors, especially when seeking advice. You have used unnecessarily big words like "doctrine," which do not fit at all. Therefore, be cautious about what you write and how you write, lest it could infuriate your superiors further.
Thanks,
Dinesh Divekar
From India, Bangalore
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8072Maintaining Discipline in the HR Department
Please note the following:
a) You work in the HR Department, which is the custodian of employee discipline. Therefore, maintaining discipline in this department is necessary. You cannot have a situation where employees of other departments are held accountable while transgressions prevail in the HR department.
b) Moreover, leave is a privilege and not an entitlement. In fact, your HR Head was generous when he sanctioned a 3-day leave just after one month of your employment. The extension of leave is at managerial discretion, and you cannot challenge it.
c) A warning letter has been issued to you to correct your behavior. As of now, you are at a much lower designation. You have been tasked with instilling strictness in yourself. If you work under seniors who are pliable, you will be at a disadvantage as you will not understand the importance of discipline.
d) For the first three days, you were on leave without pay (LWP). On the fourth day, you did not report for duty. Therefore, you will forfeit your wages for the fourth day as well. This is natural and logical. What is wrong with this?
e) I am appalled at your thought of going to court for not accepting the reason for the absence on the fourth day. Are you serious about your employment or not? Are you serious about your career or not? With intransigence of this kind, you could lose your employment. Please beware of it.
Final Comments
Your post is replete with grammatical mistakes, and you have written it casually. This speaks of your casual attitude. This kind of language or attitude is not expected from juniors, especially when seeking advice. You have used unnecessarily big words like "doctrine," which do not fit at all. Therefore, be cautious about what you write and how you write, lest it could infuriate your superiors further.
Thanks,
Dinesh Divekar
From India, Bangalore
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Understanding Your Boss's Perspective
Frankly, your boss is correct. In fact, he had the liberty to fire you on the spot instead of just giving a warning letter. You took leave and did not return, nor did you take any steps to inform the company of your situation. Even in the border area, I am sure local landline phones or some mode of communication is available.
The Doctrine of Necessity
You claim the doctrine of necessity, but there is no such doctrine applicable in HR except in cases of action taken to save life or property or to execute a valid government or court order. You have not stated what that necessity was. I am sure your boss also feels that you are just making an excuse.
Leave During Probation
In the first place, no leave should be given during probation. So, they did you a favor. They did you another favor by allowing you to stay and giving you another chance. I do not know what the Bangladesh Labour Code says, but if it has a concept of standing orders, then there is definitely a provision under which the company could have removed you anyway. Further, during probation, you are liable to be dismissed without notice.
Moving Forward
Forget about protecting your boss's decision; you should be grateful and apologize to him, and definitely not take such a step again. As for court, forget it; you are in the wrong, and there is no chance of getting relief from there.
From India, Mumbai
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Frankly, your boss is correct. In fact, he had the liberty to fire you on the spot instead of just giving a warning letter. You took leave and did not return, nor did you take any steps to inform the company of your situation. Even in the border area, I am sure local landline phones or some mode of communication is available.
The Doctrine of Necessity
You claim the doctrine of necessity, but there is no such doctrine applicable in HR except in cases of action taken to save life or property or to execute a valid government or court order. You have not stated what that necessity was. I am sure your boss also feels that you are just making an excuse.
Leave During Probation
In the first place, no leave should be given during probation. So, they did you a favor. They did you another favor by allowing you to stay and giving you another chance. I do not know what the Bangladesh Labour Code says, but if it has a concept of standing orders, then there is definitely a provision under which the company could have removed you anyway. Further, during probation, you are liable to be dismissed without notice.
Moving Forward
Forget about protecting your boss's decision; you should be grateful and apologize to him, and definitely not take such a step again. As for court, forget it; you are in the wrong, and there is no chance of getting relief from there.
From India, Mumbai
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Dear Mr. Sabyasachi,
You have just started your career. You have the position of Executive-HRD. Please think of holding that position and building your career. Henry Ford has said, "DO NOT FIND FAULT, FIND REMEDY." The remedy lies within you.
A warning or caution letter is fully justified. Focus on your job; you have a long way to go. Do not miss this opportunity; you may never get such a chance again.
From India, New Delhi
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You have just started your career. You have the position of Executive-HRD. Please think of holding that position and building your career. Henry Ford has said, "DO NOT FIND FAULT, FIND REMEDY." The remedy lies within you.
A warning or caution letter is fully justified. Focus on your job; you have a long way to go. Do not miss this opportunity; you may never get such a chance again.
From India, New Delhi
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I fully agree with Mr. Dinesh and Mr. Banarjee. Please note that HR is the custodian of discipline. If the HR department is veering off course, how can discipline be maintained within the organization? Sanctioning leave is at the discretion of the management and is by no means an inherent right of the employee. The management retains the authority to recall you to report for duty even during your approved leave. Therefore, it is advisable to understand the procedures and comply accordingly. Moreover, it is essential to bear in mind that you are currently under probation. In general, an employee's services can be terminated without any prior notice.
I urge you to consider your career path carefully. You are at the initial stages of your professional journey, and contemplating legal actions at this juncture may not be the most prudent course of action. Take a moment to reflect on your actions and consider making necessary changes. Failure to do so may result in facing significant challenges ahead.
I hope this guidance helps in navigating your career effectively.
From India, Hyderabad
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I urge you to consider your career path carefully. You are at the initial stages of your professional journey, and contemplating legal actions at this juncture may not be the most prudent course of action. Take a moment to reflect on your actions and consider making necessary changes. Failure to do so may result in facing significant challenges ahead.
I hope this guidance helps in navigating your career effectively.
From India, Hyderabad
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Employee Relations, Discipline and Policy.doc