Dear all
allthough the employee went on tendays sanctioned leave, if he goes on sending extension letters regularly and comes back after eight months with genuine reasons, should the management accept it?
by this time, after come two months, if the management sends notices to his address and doesnt send notice to his present temporary address,will it be a valid one?
then the notice is published in local newspapers and finally enquiry done in absentia and employe is dismissed.
does this stand legal?
later, if the employee comes back and goes for a dispute, wwill he get back reinstatement of duty?
please clarify.
regards
keshava
From India, Bangalore
1allthough the employee went on tendays sanctioned leave, if he goes on sending extension letters regularly and comes back after eight months with genuine reasons, should the management accept it?
by this time, after come two months, if the management sends notices to his address and doesnt send notice to his present temporary address,will it be a valid one?
then the notice is published in local newspapers and finally enquiry done in absentia and employe is dismissed.
does this stand legal?
later, if the employee comes back and goes for a dispute, wwill he get back reinstatement of duty?
please clarify.
regards
keshava
From India, Bangalore
Dear All ,
once again I will clarify .Individual where he is serving is not authorized any type of leave.g.PL/ CL/ SL etc. Only 4 National Holidays under the Act are allowed .When individual take any type of leave incl 1 day leave he has to obtain permission , but it will be a LWP .Therefore adjusting advance leave / Any type of leave doesn't arise.
2nd part- Since individual has not worked as per the Specified Act & completed more than 48 hrs. he is eligible for W/Off or will be considered as a LWP
From India, Mumbai
once again I will clarify .Individual where he is serving is not authorized any type of leave.g.PL/ CL/ SL etc. Only 4 National Holidays under the Act are allowed .When individual take any type of leave incl 1 day leave he has to obtain permission , but it will be a LWP .Therefore adjusting advance leave / Any type of leave doesn't arise.
2nd part- Since individual has not worked as per the Specified Act & completed more than 48 hrs. he is eligible for W/Off or will be considered as a LWP
From India, Mumbai
Mr.Manoj ,
Similar case had taken place in one of my past Organization .
Consult good Lab our Advocate to complete all legal steps before termination so that in case, he file the case in the court , THE COURT will agre that adequate /necessary legal steps taken by the Managent
court .
From India, Mumbai
Similar case had taken place in one of my past Organization .
Consult good Lab our Advocate to complete all legal steps before termination so that in case, he file the case in the court , THE COURT will agre that adequate /necessary legal steps taken by the Managent
court .
From India, Mumbai
Dear Manisha ,
Follow the steps legally & as per Act .
After completing of 10 days of sanctioned leave ,on 11 day in case the employee doesn't report for duty without intimation just see Standing Order / Certified Standing order if applicable to the Organization .Issue the Show cause Notice to him giving individual appropriate & suitable time to reply. In case if Management is of the opinion the case is genuine than only remaining balance leave /authorised leave may be adjusted otherwise it will be LWP
LWP will start after receiving his reply to Show Cause Notice 7 will be effective after his sanctioned leave finished
From India, Mumbai
Follow the steps legally & as per Act .
After completing of 10 days of sanctioned leave ,on 11 day in case the employee doesn't report for duty without intimation just see Standing Order / Certified Standing order if applicable to the Organization .Issue the Show cause Notice to him giving individual appropriate & suitable time to reply. In case if Management is of the opinion the case is genuine than only remaining balance leave /authorised leave may be adjusted otherwise it will be LWP
LWP will start after receiving his reply to Show Cause Notice 7 will be effective after his sanctioned leave finished
From India, Mumbai
M/S Manisha ,
If leave is approved and individual over stay ,as per Standing Orders applicable to the individual ,after 4 days send letter to be send to his official address e.g. as per your record and informed by individual while joining the duties .asking him to join the duty asking his explanation..If the explanation is for the first time and satisfied , you can give him warning verbally or in writing but record of both to be maintained in individual file .Than only regularize his leave .If it is not satisfied than LWP .
From India, Mumbai
If leave is approved and individual over stay ,as per Standing Orders applicable to the individual ,after 4 days send letter to be send to his official address e.g. as per your record and informed by individual while joining the duties .asking him to join the duty asking his explanation..If the explanation is for the first time and satisfied , you can give him warning verbally or in writing but record of both to be maintained in individual file .Than only regularize his leave .If it is not satisfied than LWP .
From India, Mumbai
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