The queriest dilemma, as observed from the post, is as to how to proceed to terminate the employee since he does not have a proof that it is a lie. He has knowledge that the reason is fake but no proof to nail the lie.In service law, knowledge needs to be substantiated by evidence, other wise it is termsed as one's own conjecture on the basis of which no one can vindicate his action as legal.
B.Saikumar
Hr & labour Law Advsior
Mumbai
From India, Mumbai
1899B.Saikumar
Hr & labour Law Advsior
Mumbai
From India, Mumbai
Dear All,
Please first read the post properly than comment if the situation is sily or not. I would like to ask Mr. Navneet to go through the attachment and see what does that letter said. It is a letter to call for an explanation itself not a termination letter.
I request the worthy members to go through the post properly and then comment. Please do not confuse the Querier.
I agree with Mr. Saikumar that in the casre at hand the Querier need to ask the employee for explanation with proper documents because of which i have attached the letter for asking for explanation and submission of proof of such death against which the employee has taken leave.
From India, New Delhi
Please first read the post properly than comment if the situation is sily or not. I would like to ask Mr. Navneet to go through the attachment and see what does that letter said. It is a letter to call for an explanation itself not a termination letter.
I request the worthy members to go through the post properly and then comment. Please do not confuse the Querier.
I agree with Mr. Saikumar that in the casre at hand the Querier need to ask the employee for explanation with proper documents because of which i have attached the letter for asking for explanation and submission of proof of such death against which the employee has taken leave.
From India, New Delhi
Dear Friends,
One of our senior member wish 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 offence and major offences and rules and regulations relating to punishment. Then you have to study theories of punishment and burden of proof. We are members of civilized society and must adhere to norms of natural Justice. A person working for and Company is a human being and have to be treated as a human. Companies can't treat him or her as a bonded labor. A person missing from office for few days can't be sacked. I feel this forum should not be used to help people devising ways to sack people on flimsy reasons. This forum should be used to spread information and enlightenment in the welfare of masses.
From India, Delhi
One of our senior member wish 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 offence and major offences and rules and regulations relating to punishment. Then you have to study theories of punishment and burden of proof. We are members of civilized society and must adhere to norms of natural Justice. A person working for and Company is a human being and have to be treated as a human. Companies can't treat him or her as a bonded labor. A person missing from office for few days can't be sacked. I feel this forum should not be used to help people devising ways to sack people on flimsy reasons. This forum should be used to spread information and enlightenment in the welfare of masses.
From India, Delhi
Dear Navneet,
Who is missing from office? first question. Second Question Who is getting sacked? Thirdly who is helping people to plan to sack people on flimsy reasons. Please help me understand these questions from this post.
Your help would be highly appreciated. Thanks in advance.
From India, New Delhi
Who is missing from office? first question. Second Question Who is getting sacked? Thirdly who is helping people to plan to sack people on flimsy reasons. Please help me understand these questions from this post.
Your help would be highly appreciated. Thanks in advance.
From India, New Delhi
Dear Friends,
One of you have asked some questions to me, the questions are general and I wish to say the following. Dear HR friends when you are working for HR you have to under stand your job responsibilities. You are not a steno or PA to the Boss, You are there not only to implement the wishes of the CEO or the Boss but also to help workers and staff to grow and develop. If you succeed in the second part of your duty it will be really good for the Company and Management of the Company you are working for. I don't say termination of a or few of the staff is worst thing to do. Do it when there is no other way out but otherwise always remember Human comes 1st in (HR) so be Human and Honest. Be flexible and try to understand the genuine problems of workers even if some of them are at fault just try to convince them that they are wrong. If HR people are polite and understandable they can always control the situations. This will result in weakening of Unions, unrest among workers and will never let what happened in MSL last year.
I am of the view that this forum should never help people to find ways for sacking people on minor grounds as dear friends there are many holes in the rules and if one knows the Laws properly it's very easy to fabricate a solid case against any worker and on the basis of that an innocent person can be sacked.
For the reply to rest of questions please go through the origin of this thread and you will find the real intention of this post. Anyway thanks for reading my post and taking it seriously.
From India, Delhi
One of you have asked some questions to me, the questions are general and I wish to say the following. Dear HR friends when you are working for HR you have to under stand your job responsibilities. You are not a steno or PA to the Boss, You are there not only to implement the wishes of the CEO or the Boss but also to help workers and staff to grow and develop. If you succeed in the second part of your duty it will be really good for the Company and Management of the Company you are working for. I don't say termination of a or few of the staff is worst thing to do. Do it when there is no other way out but otherwise always remember Human comes 1st in (HR) so be Human and Honest. Be flexible and try to understand the genuine problems of workers even if some of them are at fault just try to convince them that they are wrong. If HR people are polite and understandable they can always control the situations. This will result in weakening of Unions, unrest among workers and will never let what happened in MSL last year.
I am of the view that this forum should never help people to find ways for sacking people on minor grounds as dear friends there are many holes in the rules and if one knows the Laws properly it's very easy to fabricate a solid case against any worker and on the basis of that an innocent person can be sacked.
For the reply to rest of questions please go through the origin of this thread and you will find the real intention of this post. Anyway thanks for reading my post and taking it seriously.
From India, Delhi
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 conditions.
-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
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 conditions.
-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
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
From India, Mumbai
Dear Ani.21,
I regret for my posting. You are a new member in this forum and it was your first posting. I do not wish to discourage you dear.
Current topic in this discussion / thread is on - action on unauthorised leave. Your query is not related to it. It is a new topic for discussion. In such case you should post you query in new thread to invite fresh discussion.
To start fresh discussion, you should click on the option ASK on tool bar at top and then choose a single appropriate category.
You are requested to ask your query in new thread as explained above. Looking forward for your active but meaningful participation.
From India, Mumbai
I regret for my posting. You are a new member in this forum and it was your first posting. I do not wish to discourage you dear.
Current topic in this discussion / thread is on - action on unauthorised leave. Your query is not related to it. It is a new topic for discussion. In such case you should post you query in new thread to invite fresh discussion.
To start fresh discussion, you should click on the option ASK on tool bar at top and then choose a single appropriate category.
You are requested to ask your query in new thread as explained above. Looking forward for your active but meaningful participation.
From India, Mumbai
Hi,
Currently I am in US to take care of my ailing husband.I was in 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 but as far the HR policy I am not eligible for LWP and I can't apply LWP.HR mailed to join immidiately unless company will take diciplinery action against me.So what will be the consequences are they going to terminate me ? Please suggest me what to do i am in a great trouble.
Thanks,
From United States, Atlanta
Currently I am in US to take care of my ailing husband.I was in 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 but as far the HR policy I am not eligible for LWP and I can't apply LWP.HR mailed to join immidiately unless company will take diciplinery action against me.So what will be the consequences are they going to terminate me ? Please suggest me what to do i am in a great trouble.
Thanks,
From United States, Atlanta
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Draft of unauthorized leave.doc
Karnataka Leave.xlsx