Hello,
I have joined a small software company where the office has a staff of 9 employees. There are rules regarding taking leave, but I am unsure about the policies for excess leaves. Can anyone inform me about what to do according to the laws if an employee takes excess leaves?
From India, Bangalore
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3I have joined a small software company where the office has a staff of 9 employees. There are rules regarding taking leave, but I am unsure about the policies for excess leaves. Can anyone inform me about what to do according to the laws if an employee takes excess leaves?
From India, Bangalore
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If you take excessive leave, they will be without pay. If any person takes excessive leave on numerous occasions, especially without approval, then you have the right to terminate him. Being a very small organization, most of the laws relating to industrial disputes do not apply. However, follow the proper termination procedures as have been discussed in this forum.
From India, Mumbai
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From India, Mumbai
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Excess leaves are not allowed but in emeregency you can avail with permission . Company can impose LOP or you work extra to compensate.
From India, Chennai
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From India, Chennai
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employer can take any actions against employees like loss of pay, termination... then if it’s loss of pay then what is the percentage to deduct from salary ? like a day salary ??
From India, Bangalore
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From India, Bangalore
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Loss of pay so for the days on which excess leave is taken It can not be a punishment in the form of lwp for days worked. Termination on grounds of habitual or repeated absentism is allowed
From India, Mumbai
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From India, Mumbai
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1. Then, how will it be calculated, sir? As employees are allowed to take 18 leaves in a year, what action should be taken if an employee takes 25 leaves or more than that?
2. Can you please explain the meaning of loss of pay with an example?
From India, Bangalore
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2. Can you please explain the meaning of loss of pay with an example?
From India, Bangalore
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1. Total leave is credited to the account of each employee on January 1 based on the number of days worked in the previous year.
2. As the leaves are used, they are deducted from the balance.
3. If an employee is absent when there is no more leave pending in their account, then they do not get paid for that day. When computing the salary for the month, the salary is deducted for those days.
From India, Mumbai
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2. As the leaves are used, they are deducted from the balance.
3. If an employee is absent when there is no more leave pending in their account, then they do not get paid for that day. When computing the salary for the month, the salary is deducted for those days.
From India, Mumbai
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If an employee absents himself from duties, he may be permitted to avail of various leaves, e.g. privilege leaves, casual leave, sick leave, etc., provided these leaves form a part of the agreement between the management and the union of workers. Otherwise, in the event of the applicability of The Factories Act, only privilege leaves are provided for in the act. However, I do know of the practices of various companies where all the above three types of leaves are provided in the agreements.
Any employee remaining absent from duties after exhausting all the days of leaves provided in the agreement is deemed to have remained absent without leave. Such frequent absence without leave amounts to misconduct under the Industrial Standing Orders Act and renders the delinquent employee subject to disciplinary action. The procedure of initiating and conducting disciplinary action MUST be observed before inflicting any punishment on the delinquent employee.
In the case of small companies where statutes do not apply, the management of the company must formulate rules to this effect and make them a part of the appointment order while recruiting the employee.
From India, Surat
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Any employee remaining absent from duties after exhausting all the days of leaves provided in the agreement is deemed to have remained absent without leave. Such frequent absence without leave amounts to misconduct under the Industrial Standing Orders Act and renders the delinquent employee subject to disciplinary action. The procedure of initiating and conducting disciplinary action MUST be observed before inflicting any punishment on the delinquent employee.
In the case of small companies where statutes do not apply, the management of the company must formulate rules to this effect and make them a part of the appointment order while recruiting the employee.
From India, Surat
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The original post was for an organization with a total of 9 employees. There will be neither an agreement with the union, nor will standing orders apply. He has to proceed simply as provided by the local shop and establishment act.
From India, Mumbai
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From India, Mumbai
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Hi Vadirajaa,
Step 1:
If an employee is taking leaves without approval, it can be imposed as LOP.
Step 2:
If that employee is taking leaves without the approval of the immediate supervisor/line manager, then HR has to send an email to his/her personal and professional email IDs, asking about his/her uninformed absence and explanations on his third day of continuous absence without information, copying the email to his/her immediate supervisor/line manager.
Step 3:
After sending an email as in Step 2, the HR has to try reaching that employee on his/her contact number, as well as the emergency contact given by that employee.
Step 4:
If the Step 2 email is not responded to by that employee within 24 hours and he is unreachable, then the HR has to seek the approval of his/her immediate supervisor/line manager to terminate the employment of that employee with the company.
Step 5:
Now, the HR has to send a warning email to that employee, copying his/her immediate supervisor/line manager, stating a time limit of 24 hours and mentioning that "Failure to provide an explanation will lead to the termination of employment."
Step 6:
If the email is responded to, then no problem as a warning has already been given via email.
If not, then the HR can directly terminate the employment of that particular employee.
Note:
Excess leaves in case of emergency can be taken post-approval of the immediate supervisor/line manager, explaining the sensitivity of the situation to his/her immediate supervisor/line manager.
From United States
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Step 1:
If an employee is taking leaves without approval, it can be imposed as LOP.
Step 2:
If that employee is taking leaves without the approval of the immediate supervisor/line manager, then HR has to send an email to his/her personal and professional email IDs, asking about his/her uninformed absence and explanations on his third day of continuous absence without information, copying the email to his/her immediate supervisor/line manager.
Step 3:
After sending an email as in Step 2, the HR has to try reaching that employee on his/her contact number, as well as the emergency contact given by that employee.
Step 4:
If the Step 2 email is not responded to by that employee within 24 hours and he is unreachable, then the HR has to seek the approval of his/her immediate supervisor/line manager to terminate the employment of that employee with the company.
Step 5:
Now, the HR has to send a warning email to that employee, copying his/her immediate supervisor/line manager, stating a time limit of 24 hours and mentioning that "Failure to provide an explanation will lead to the termination of employment."
Step 6:
If the email is responded to, then no problem as a warning has already been given via email.
If not, then the HR can directly terminate the employment of that particular employee.
Note:
Excess leaves in case of emergency can be taken post-approval of the immediate supervisor/line manager, explaining the sensitivity of the situation to his/her immediate supervisor/line manager.
From United States
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