Dear Sathish ,
Plz find my company policy details gothrough & let me know
LEAVE POLICY
All Permanent Employees are eligible for 15 days of Casual Leave and Sick Leave for the calendar year.
Casual Leave and Sick Leave will be credited at the beginning of calendar year. An employee is eligible for a maximum of 15 days both Casual Leave and Sick Leave in a calendar year.
Casual Leave cannot be availed for more than 3 days continuously. - If an employee avails of more than 15 days Casual Leave or Sick leave during the calendar year, excess leave will be deducted as PL or if PL is not available they will be treated as Loss of Pay.
However, adjustment of CL/SL for more than 6 days against PL is with the discretion of management designed only to help personal emergencies of the employees.
All leaves should be applied for in advance unless circumstances are such that it is not possible to do so. In such cases a telephone call or an SMS to the concerned Reporting Authority or in his/her absence to the Department Head should be done before 7:30 AM on that day.
If the same is not done, the leave may be considered as unapproved and may be treated as leave with Loss of Pay at the discretion of the Management. - In case of Sick Leave in excess of 2 days, the employee has to compulsorily submit a doctor certificate along with medical prescription / test reports.
If this is not submitted on the date of rejoining, the leave may be considered as Loss of Pay at the discretion of the management. - Casual Leave will be adjusted in the following order: Compensatory off, if they have credit. Casual Leave credit Privilege Leave upto maximum 6 days
NOTICE OF TERMINATION
The period of Notice for the termination of this appointment to be given in writing by you and/or by the Company to either side is 90 days.
Notices shall be given by either party by letter to the other party and any notice given by letter shall be deemed to have been delivered after 48 hours of being left with the Post Office with the full postage paid and receipt obtained or if delivered by hand upon delivery. In proving service by post it shall be sufficient to prove that the notice was properly addressed and posted.
If you are found guilty of any Gross Misconduct or disobedience, disorderly behaviour, negligence, indiscipline, absence from duty without intimating to the management and divulgence of any Confidential Information of the Company or of violation of one or more terms of this letter, or non compliance of instructions of superiors, non performance of duty as per the requirement of this job including complying with client instruction, repeat quality lapses etc. your services may be terminated by the Company without any notice and without payment of salary in lieu of Notice.
pon termination of appointment you shall forthwith return to the Company all you will immediately deliver to the Company all books, lap top computers, mobile phones, paper, documents, effects, money, securities, records, computer disks and data in soft and hard copies or other property what so ever belonging to the Company or to its customer which you then have or should have in his possession, power or control.
If you terminate your employment without giving such notice, you will be liable to pay to the Company 90 days pay and allowances.
As per COC Document
He will make available his services to the Company as per this Employment Agreement on a continuous basis except when on leave/vacation with prior approval of the Director of the Company from XXXX Head office. Such leave will be governed by Leave Policy circulated from time to time. In the event of sickness or other like cause incapacitating him from performing his duties, he or someone on his behalf must notify to his immediate senior / CEO of the Company as soon as possible on the first working day of any period of sickness and on every week thereafter. The notification may be by telephone followed by letter in writing for absenteeism due to sickness, which should be within 2 days from the first working day of any period of sickness in respect of absence lasting 5 days or fewer calendar days. He must however; complete the Company’s self-certification form immediately before he returns to work after such absence.
In respect of absence lasting more than 2 calendar days he must (in addition to the provision of a completed self certification form) obtain a medical certificate signed by a doctor to cover the entire period of illness (including Saturdays and Sundays) and keep the Company regularly informed about the expected date of return to work. This and any subsequent medical certificates must be sent to the Head Office of the Company without delay.
If his absenteeism without intimation to the Company shall continue for more than 30 days, it will be entirely at the discretion of the Company whether to continue or terminate this Employment Agreement. If the Company chooses to terminate this Employment Agreement, it can do so with immediate effect after 30th day of absenteeism of XXXXXXXX, without requiring to give any notice or salary in lieu of Notice.
Regards,
Vinodkumar
From India, Chennai
4Plz find my company policy details gothrough & let me know
LEAVE POLICY
All Permanent Employees are eligible for 15 days of Casual Leave and Sick Leave for the calendar year.
Casual Leave and Sick Leave will be credited at the beginning of calendar year. An employee is eligible for a maximum of 15 days both Casual Leave and Sick Leave in a calendar year.
Casual Leave cannot be availed for more than 3 days continuously. - If an employee avails of more than 15 days Casual Leave or Sick leave during the calendar year, excess leave will be deducted as PL or if PL is not available they will be treated as Loss of Pay.
However, adjustment of CL/SL for more than 6 days against PL is with the discretion of management designed only to help personal emergencies of the employees.
All leaves should be applied for in advance unless circumstances are such that it is not possible to do so. In such cases a telephone call or an SMS to the concerned Reporting Authority or in his/her absence to the Department Head should be done before 7:30 AM on that day.
If the same is not done, the leave may be considered as unapproved and may be treated as leave with Loss of Pay at the discretion of the Management. - In case of Sick Leave in excess of 2 days, the employee has to compulsorily submit a doctor certificate along with medical prescription / test reports.
If this is not submitted on the date of rejoining, the leave may be considered as Loss of Pay at the discretion of the management. - Casual Leave will be adjusted in the following order: Compensatory off, if they have credit. Casual Leave credit Privilege Leave upto maximum 6 days
NOTICE OF TERMINATION
The period of Notice for the termination of this appointment to be given in writing by you and/or by the Company to either side is 90 days.
Notices shall be given by either party by letter to the other party and any notice given by letter shall be deemed to have been delivered after 48 hours of being left with the Post Office with the full postage paid and receipt obtained or if delivered by hand upon delivery. In proving service by post it shall be sufficient to prove that the notice was properly addressed and posted.
If you are found guilty of any Gross Misconduct or disobedience, disorderly behaviour, negligence, indiscipline, absence from duty without intimating to the management and divulgence of any Confidential Information of the Company or of violation of one or more terms of this letter, or non compliance of instructions of superiors, non performance of duty as per the requirement of this job including complying with client instruction, repeat quality lapses etc. your services may be terminated by the Company without any notice and without payment of salary in lieu of Notice.
pon termination of appointment you shall forthwith return to the Company all you will immediately deliver to the Company all books, lap top computers, mobile phones, paper, documents, effects, money, securities, records, computer disks and data in soft and hard copies or other property what so ever belonging to the Company or to its customer which you then have or should have in his possession, power or control.
If you terminate your employment without giving such notice, you will be liable to pay to the Company 90 days pay and allowances.
As per COC Document
He will make available his services to the Company as per this Employment Agreement on a continuous basis except when on leave/vacation with prior approval of the Director of the Company from XXXX Head office. Such leave will be governed by Leave Policy circulated from time to time. In the event of sickness or other like cause incapacitating him from performing his duties, he or someone on his behalf must notify to his immediate senior / CEO of the Company as soon as possible on the first working day of any period of sickness and on every week thereafter. The notification may be by telephone followed by letter in writing for absenteeism due to sickness, which should be within 2 days from the first working day of any period of sickness in respect of absence lasting 5 days or fewer calendar days. He must however; complete the Company’s self-certification form immediately before he returns to work after such absence.
In respect of absence lasting more than 2 calendar days he must (in addition to the provision of a completed self certification form) obtain a medical certificate signed by a doctor to cover the entire period of illness (including Saturdays and Sundays) and keep the Company regularly informed about the expected date of return to work. This and any subsequent medical certificates must be sent to the Head Office of the Company without delay.
If his absenteeism without intimation to the Company shall continue for more than 30 days, it will be entirely at the discretion of the Company whether to continue or terminate this Employment Agreement. If the Company chooses to terminate this Employment Agreement, it can do so with immediate effect after 30th day of absenteeism of XXXXXXXX, without requiring to give any notice or salary in lieu of Notice.
Regards,
Vinodkumar
From India, Chennai
Dear Mr Vinod,
You have said that employee is not well is not true. When management notices that an employee is not observing value systems, rules and also not doing duties/ assignments and adamant to stay absent then it requires administrative / disciplinary action. You are not having proof- please ask him to produce medical certificate and test reports for sickness mentioned by him and his doctor and you have right to go to another doctor for his opinion. You write Regd Letter to his doctor that such and such person remained absent but managed sick/ unfit certificate which should be immediately reversed and corrected . You can mention that in case medical certificate if found false and fake, matter will be taken up to Medicalk Council and his registration may get revoked for his deeds. I have done in such case and caught ESI doctor at one place that doctor issued a wrong certificate I had written letter to Employee for rexamination of his sickness, describing false certificate and copies sent to concerned ESI doctor, General Hospital , Medical Board .Culprit ESI Doctor reached me and apologized and my employee was also punished with remarks in his record file after disciplinary action in a very transparent manner.
What I mean to emphasize here that you can not afford to ignore any such illegal and unjustified move and take back seat of helplessness particularly when its service rules related manner that is you are duty bound..
Regds,
RDS Yadav
Labour Law Adviser
DIRECTOR-Future Instt. of Engg and Mngmnt Technology
From India, Delhi
You have said that employee is not well is not true. When management notices that an employee is not observing value systems, rules and also not doing duties/ assignments and adamant to stay absent then it requires administrative / disciplinary action. You are not having proof- please ask him to produce medical certificate and test reports for sickness mentioned by him and his doctor and you have right to go to another doctor for his opinion. You write Regd Letter to his doctor that such and such person remained absent but managed sick/ unfit certificate which should be immediately reversed and corrected . You can mention that in case medical certificate if found false and fake, matter will be taken up to Medicalk Council and his registration may get revoked for his deeds. I have done in such case and caught ESI doctor at one place that doctor issued a wrong certificate I had written letter to Employee for rexamination of his sickness, describing false certificate and copies sent to concerned ESI doctor, General Hospital , Medical Board .Culprit ESI Doctor reached me and apologized and my employee was also punished with remarks in his record file after disciplinary action in a very transparent manner.
What I mean to emphasize here that you can not afford to ignore any such illegal and unjustified move and take back seat of helplessness particularly when its service rules related manner that is you are duty bound..
Regds,
RDS Yadav
Labour Law Adviser
DIRECTOR-Future Instt. of Engg and Mngmnt Technology
From India, Delhi
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