The key dilemma, as observed from the post, is how to proceed with terminating the employee since there is no proof that the reason provided is false. While there is knowledge that the reason is fabricated, there is no concrete evidence to expose the falsehood. In service law, knowledge must be supported by evidence; otherwise, it is considered one's own speculation, which cannot justify one's actions as legal.
B. Saikumar HR & Labour Law Advisor Mumbai
From India, Mumbai
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1979B. Saikumar HR & Labour Law Advisor Mumbai
From India, Mumbai
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Dear All,
Please first read the post properly, then comment on whether the situation is silly or not. I would like to ask Mr. Navneet to go through the attachment and see what the letter says. It is a letter to request an explanation, not a termination letter. I request the worthy members to review the post thoroughly before commenting. Please do not confuse the Querier.
I agree with Mr. Saikumar that in the case at hand, the Querier needs to ask the employee for an explanation with proper documents. That's why I have attached the letter requesting an explanation and submission of proof regarding the employee's leave taken due to a death.
Thank you.
From India, New Delhi
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Please first read the post properly, then comment on whether the situation is silly or not. I would like to ask Mr. Navneet to go through the attachment and see what the letter says. It is a letter to request an explanation, not a termination letter. I request the worthy members to review the post thoroughly before commenting. Please do not confuse the Querier.
I agree with Mr. Saikumar that in the case at hand, the Querier needs to ask the employee for an explanation with proper documents. That's why I have attached the letter requesting an explanation and submission of proof regarding the employee's leave taken due to a death.
Thank you.
From India, New Delhi
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Dear Friends,
One of our senior members wishes to learn from this query. So, if you really wish to learn and do justice to your job or HR, please understand the definition of misconduct and the difference between minor offenses and major offenses, as well as the rules and regulations relating to punishment. Then, you have to study theories of punishment and burden of proof. We are members of a civilized society and must adhere to the norms of natural justice. A person working for a company is a human being and has to be treated as such. Companies cannot treat him or her as bonded labor. A person missing from the office for a few days cannot be sacked. I feel this forum should not be used to help people devise ways to sack others on flimsy reasons. This forum should be used to spread information and enlightenment for the welfare of the masses.
From India, Delhi
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One of our senior members wishes to learn from this query. So, if you really wish to learn and do justice to your job or HR, please understand the definition of misconduct and the difference between minor offenses and major offenses, as well as the rules and regulations relating to punishment. Then, you have to study theories of punishment and burden of proof. We are members of a civilized society and must adhere to the norms of natural justice. A person working for a company is a human being and has to be treated as such. Companies cannot treat him or her as bonded labor. A person missing from the office for a few days cannot be sacked. I feel this forum should not be used to help people devise ways to sack others on flimsy reasons. This forum should be used to spread information and enlightenment for the welfare of the masses.
From India, Delhi
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[QUOTE=NavneetSarin;2046323]
Dear Friends,
A person missing from the office for a few days can't be sacked. I feel this forum should not be used to help people devise ways to sack others on flimsy grounds. Instead, this forum should be used to spread information and enlightenment for the welfare of the masses.
Dear Navneet,
Who is missing from the office? First question. Secondly, who is getting sacked? Thirdly, who is helping people plan to dismiss others on flimsy grounds? Please help me understand these questions from this post.
Your help would be highly appreciated. Thanks in advance.
From India, New Delhi
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Dear Friends,
A person missing from the office for a few days can't be sacked. I feel this forum should not be used to help people devise ways to sack others on flimsy grounds. Instead, this forum should be used to spread information and enlightenment for the welfare of the masses.
Dear Navneet,
Who is missing from the office? First question. Secondly, who is getting sacked? Thirdly, who is helping people plan to dismiss others on flimsy grounds? Please help me understand these questions from this post.
Your help would be highly appreciated. Thanks in advance.
From India, New Delhi
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Dear Friends,
One of you has asked some questions of me, and the questions are general. I wish to say the following: Dear HR friends, when you work in HR, you have to understand your job responsibilities. You are not a stenographer or a personal assistant to the boss. You are there not only to execute the wishes of the CEO or the boss but also to aid workers and staff in their growth and development. If you succeed in the latter part of your duty, it will be truly beneficial for the company and its management. I do not say that the termination of one or a few staff members is the worst thing to do. Do it only when there is no other way out. Otherwise, always remember, humans come first in HR, so be humane and honest. Be flexible and try to comprehend the genuine problems of workers, even if some of them are at fault. Just try to persuade them that they are mistaken. If HR personnel are polite and understanding, they can always manage the situations. This will lead to a weakening of unions, unrest among workers, and will prevent a recurrence of what happened at MSL last year.
I believe that this forum should never assist people in finding ways to dismiss others on minor grounds. Dear friends, there are many loopholes in the rules, and if one knows the laws properly, it is very easy to construct a solid case against any worker, leading to the unjust dismissal of an innocent person.
For the replies to the remaining questions, please refer to the original post in this thread to understand the true intention of my message. Anyway, thank you for reading my post and taking it seriously.
From India, Delhi
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One of you has asked some questions of me, and the questions are general. I wish to say the following: Dear HR friends, when you work in HR, you have to understand your job responsibilities. You are not a stenographer or a personal assistant to the boss. You are there not only to execute the wishes of the CEO or the boss but also to aid workers and staff in their growth and development. If you succeed in the latter part of your duty, it will be truly beneficial for the company and its management. I do not say that the termination of one or a few staff members is the worst thing to do. Do it only when there is no other way out. Otherwise, always remember, humans come first in HR, so be humane and honest. Be flexible and try to comprehend the genuine problems of workers, even if some of them are at fault. Just try to persuade them that they are mistaken. If HR personnel are polite and understanding, they can always manage the situations. This will lead to a weakening of unions, unrest among workers, and will prevent a recurrence of what happened at MSL last year.
I believe that this forum should never assist people in finding ways to dismiss others on minor grounds. Dear friends, there are many loopholes in the rules, and if one knows the laws properly, it is very easy to construct a solid case against any worker, leading to the unjust dismissal of an innocent person.
For the replies to the remaining questions, please refer to the original post in this thread to understand the true intention of my message. Anyway, thank you for reading my post and taking it seriously.
From India, Delhi
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I think it should be from the beginning. She has to provide details with the approval of emergency leave. Why she needs to take emergency leave and what documents she has. Later, you can decide whether to allow her to go on an emergency leave.
Regards
From Saudi Arabia, Riyadh
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Regards
From Saudi Arabia, Riyadh
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Dear all,
Please advise.
Q) What is the process to recover the FnF dues from the employees who have resigned and have failed to pay the liable dues to the company?
- What will be the procedure and format of letters to be issued in this condition?
- What type of legal/show cause notices can be issued?
- What will be the sequence of this process? Please provide me the information ASAP.
From India, Bangalore
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Please advise.
Q) What is the process to recover the FnF dues from the employees who have resigned and have failed to pay the liable dues to the company?
- What will be the procedure and format of letters to be issued in this condition?
- What type of legal/show cause notices can be issued?
- What will be the sequence of this process? Please provide me the information ASAP.
From India, Bangalore
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Good question by Ani.21 and that too at right time, to divert all of us. Hello Ani.21, Are you a moderator? Good job.
From India, Mumbai
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From India, Mumbai
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Dear Ani.21,
I regret my posting. You are a new member on this forum, and it was your first post. I do not wish to discourage you, dear.
The current topic in this discussion/thread is on the action on unauthorized leave. Your query is not related to it. It is a new topic for discussion. In such a case, you should post your query in a new thread to invite fresh discussion. To start a fresh discussion, you should click on the option ASK on the toolbar at the top and then choose a single appropriate category.
You are requested to ask your query in a new thread as explained above. Looking forward to your active but meaningful participation.
From India, Mumbai
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I regret my posting. You are a new member on this forum, and it was your first post. I do not wish to discourage you, dear.
The current topic in this discussion/thread is on the action on unauthorized leave. Your query is not related to it. It is a new topic for discussion. In such a case, you should post your query in a new thread to invite fresh discussion. To start a fresh discussion, you should click on the option ASK on the toolbar at the top and then choose a single appropriate category.
You are requested to ask your query in a new thread as explained above. Looking forward to your active but meaningful participation.
From India, Mumbai
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Hi,
Currently, I am in the US to take care of my ailing husband. I was on earned leave, and I have exhausted all my earned leaves. Now I need some more days to take care of my husband as his condition is not good. However, as per the HR policy, I am not eligible for Leave Without Pay (LWP), and I can't apply for LWP. HR has informed me to join immediately; otherwise, the company will take disciplinary action against me. So, what will be the consequences? Are they going to terminate me? Please suggest to me what to do as I am in great trouble.
Thanks,
From United States, Atlanta
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Currently, I am in the US to take care of my ailing husband. I was on earned leave, and I have exhausted all my earned leaves. Now I need some more days to take care of my husband as his condition is not good. However, as per the HR policy, I am not eligible for Leave Without Pay (LWP), and I can't apply for LWP. HR has informed me to join immediately; otherwise, the company will take disciplinary action against me. So, what will be the consequences? Are they going to terminate me? Please suggest to me what to do as I am in great trouble.
Thanks,
From United States, Atlanta
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Draft of unauthorized leave.doc
Karnataka Leave.xlsx