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1750 Views 3 Replies
Type: HR, Report if not a HR topic
Legal Tip of the Day
Prior Sanction of leave is imperative
Employee cannot remain absent from the organization without prior sanction of the leave. Before an employee goes on leave , he should obtain sanction for it advance. It is all the more important to do so when the leave rules of the establishment provide that casual leave may be granted without causing interruption to the work. In other words, no worker can proceed on privilege leave without first applying for it and obtaining its sanction. When the standing orders of an industrial establishment provide that for extension of any leave , an application should be made to that effect before the expiry of the leave already granted. If it is not done, the management has the right to refuse extension of leave if the application for it is not received in advance in accordance with rules. If employee remain unauthorized absent , a action of indiscipline can be taken against him/her by following the proper procedure of law. He/she can be terminated for this conducted.
Regards
Deepak Miglani Advocate
Is it implied that the disciplnary policy has this explanation under the relevant section i.e unauthorised absence? Otherwise wouldn't the company be sued for not specifying this to the employeeand any disciplinary sanction would be overturned in an appeal on grounds of "Failure to adhere to procedure" (or any similar grounds)?
Also if such a description does appear in the policy will there be a clause in the policy that the unauthorised absence could be only if there is no legitimate or reasonable clause (for example by the time the original leave petition is granted the day of leave has indeed approached and the person had to take the leave for emergency purposes and wanted to extend it). Without such clause any disciplinary action would be overturned in an appeal under grounds (or similar grounds) of " too severe punishment".
Apart from the above mentioned points it's a good tip.
Shalini
As you said is correct if any employee says that i am sick in such cases the employer has to provide 10 days of leave according to S & E act clause F, Only the employer can take action if the employee didn't claim under this grounds
If the employee may taken the leave (i.e. C.L.) and after that can say he fallen sick and want to avail sick leave which can not be denied by any employer as well...
Regards,
Charan
As you said is correct if any employee says that i am sick in such cases the ... See Charan's complete reply
Charan
My view mentioned above was assuming that the employee has lodged his/her request for casual leave and not the case of sickness.
If the employee has indeed been absent from work without his leave being authorised (either on the first instance or for extended leave) and when he/she has come back to work would you take a disciplinary action. This is the crux of the issue. HR Breeze mentioned that legally it is correct and employers can actually do that.
My question was should the employer proceed to a disciplinary action shouldn't this be detailed in the disciplinary policy under the offence of Unauthorised absence? If not, as mentioned above the employer could be sued. I am not sure of Indian Employment Law but if it were in the UK/US on this context and to the best of my knowledge in such a context the tribunal would favour the employee.
Shalini
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