We operate in sales and handle operations nationwide. My reportee took unauthorized leave without prior approval for ten days. He displayed indiscipline by threatening to resign if his leave was not granted, which goes against company norms. However, he later returned and apologized for the issue.
From India, Hyderabad
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From India, Hyderabad
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Dear Ravi,
Leave is a privilege and not an entitlement. Have you included this axiom in the leave policy? If yes, has it been communicated to all the employees? If communicated, then have they understood the meaning of it?
Unauthorized absence of employees throws the work out of gear. Occasionally, it is a cause of customer dissatisfaction too. Against this backdrop, if you have initiated the disciplinary procedure, then well and good. Go ahead and take it to the logical conclusion. Earlier, the gentleman showed bravado and later chickened out, tendering his apology. However, after misconduct, this apology means nothing. It is important to maintain a culture of discipline, and those who stray from the laid-down instructions need to be taken to task. This will send a message to one and all about what the organization stands for.
Thanks,
Dinesh Divekar
From India, Bangalore
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8032Leave is a privilege and not an entitlement. Have you included this axiom in the leave policy? If yes, has it been communicated to all the employees? If communicated, then have they understood the meaning of it?
Unauthorized absence of employees throws the work out of gear. Occasionally, it is a cause of customer dissatisfaction too. Against this backdrop, if you have initiated the disciplinary procedure, then well and good. Go ahead and take it to the logical conclusion. Earlier, the gentleman showed bravado and later chickened out, tendering his apology. However, after misconduct, this apology means nothing. It is important to maintain a culture of discipline, and those who stray from the laid-down instructions need to be taken to task. This will send a message to one and all about what the organization stands for.
Thanks,
Dinesh Divekar
From India, Bangalore
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I agree with what Mr. Divekar said with a little change that "leave also is a legalized entitlement" of Stuff but surely "Leave (PL) is to be planned and be enjoyed in agreement with the Employer". In this case, I feel condoning the misconduct (minor) with issuance of a "Warning Letter" detailing the misconduct that is condoned would be the best treatment.
Regards,
From India, Pune
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Regards,
From India, Pune
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Dear All,
The response of Mr. Dinesh Divekar, supplemented by Mr. Soumitra Sengupta in support of the reply to this post, is excellent! Excellent post and excellent suggestions! Keep it up!
Regds,
R.D.S. Yadav
Labour Law Adviser and Director,
Future Institute of Engineering and Management Technology
Email: navtaranghrs@gmail.com
From India, Delhi
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The response of Mr. Dinesh Divekar, supplemented by Mr. Soumitra Sengupta in support of the reply to this post, is excellent! Excellent post and excellent suggestions! Keep it up!
Regds,
R.D.S. Yadav
Labour Law Adviser and Director,
Future Institute of Engineering and Management Technology
Email: navtaranghrs@gmail.com
From India, Delhi
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Ravi,
You have presented the facts, but have not specified what you are seeking from the forum. Are you inquiring about the legality of his unauthorized leave? Or are you asking for guidance on what steps you should take? What kind of punishment are you considering?
Seniors on the forum can review your proposed punishment and advise you on its legality and whether it is a wise decision to implement it.
From India, Mumbai
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You have presented the facts, but have not specified what you are seeking from the forum. Are you inquiring about the legality of his unauthorized leave? Or are you asking for guidance on what steps you should take? What kind of punishment are you considering?
Seniors on the forum can review your proposed punishment and advise you on its legality and whether it is a wise decision to implement it.
From India, Mumbai
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Apart from the above views by the seniors, I have surprisingly noticed a line mentioned by you that "threatened to offer resignation if leave is not granted," which is very alarming and awakening. It sounds like bribing the reporter. Hence, as mentioned by Mr. Divekar, disciplinary procedures have to be conducted, and appropriate action needs to be initiated, as per my view.
From India, Ahmadabad
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From India, Ahmadabad
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Thanks all for your suggestions,keeping all these points in view can this person be transferred to some other location from the base location.
From India, Hyderabad
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From India, Hyderabad
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Dear Ravi,
This is a response to your second post. Transfer of an employee from one department to another is subject to the administrative requirement. It need not be linked to the misconduct of an employee. Any such linkage would erode the importance of that process/department to which the employee is transferred. Otherwise, in general, employees will construe this process/department as grounds to dump those who backslide. This will not be a healthy trend.
You may issue a warning letter for the unauthorized absence and forfeit pay for the said period and issue a separate transfer letter.
Thanks,
Dinesh Divekar
From India, Bangalore
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This is a response to your second post. Transfer of an employee from one department to another is subject to the administrative requirement. It need not be linked to the misconduct of an employee. Any such linkage would erode the importance of that process/department to which the employee is transferred. Otherwise, in general, employees will construe this process/department as grounds to dump those who backslide. This will not be a healthy trend.
You may issue a warning letter for the unauthorized absence and forfeit pay for the said period and issue a separate transfer letter.
Thanks,
Dinesh Divekar
From India, Bangalore
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Yes, you are free to transfer him to another location, either as punishment for misconduct or as an administrative move if his standing orders, stated policy, or appointment letter allows for it. If you are doing it as punishment for misconduct, then how do you actually justify it? Is that location less critical, carrying less salary, or less disruptive if he goes on leave again?
To me, it looks better if the punishment was lowering his increment or something as a punishment. However, you know the circumstances and the nature of employment and what actually is an effective punishment.
From India, Mumbai
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To me, it looks better if the punishment was lowering his increment or something as a punishment. However, you know the circumstances and the nature of employment and what actually is an effective punishment.
From India, Mumbai
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DISCIPLINARY ACTION.ppt
Record of disciplinary action.doc