PEOPLE MANAGER DEVELOPMENT PROGRAM Leave & Managing Absenteeism

HR SDSM. PEOPLE MANAGER DEVELOPMENT PROGRAM Leave & Managing Absenteeism.

[Audio] There are two main LAWs RELATED TO ABSENTEEISM One is Provision as stated in Employment Act 1955 under Section 15 subsection 2. Under this provision, An employee shall be deemed to have broken his contract of service with the employer of he has been continually absent from work for more than two consecutive working days without prior leave from his employer, unless he has reasonable excuse for such absence and has informed or attempted to inform his employer of such excuse prior to or at the earliest opportunity during such absence. This provision is only deemed provision. To respond to this misconduct, an employer normally will use provision under Section 13 subsection two under Employment Act 1955. This provision says that either party to a contract of service may terminate such contract of service without notice in the event of any willful breach by the other party of a condition of the contract of service..

[Audio] About Absenteeism. By definition, Absenteeism is a condition of being absent from work or habitual pattern of absent from duty or obligation at workplace. Its normally referred to unjustified absence without prior authorized leave. The meaning of work leave is permission and unless such permission is given or leave sought is granted, it cannot be said that the person seeking leave can be absent himself from duty in an unauthorized manner. ABSENCE IS a BREACH OF DUTY. Its disregard of the employer's interest. Disrespect of the authority of management and Neglect of duty. Among eXAMPLE OF UNJUSTIFIED ABSENCE are Failure to report for duty when required to so. Reporting absent for an untruthful reason. Prolonging a genuine absence unjustifiable. Unauthorized absence from the workplace. Taking extended lunch breaks without permission. Late attendance at work or early departure without permission and absent while on sick leave engaging other activities example taking part in union picketing or sports activities. Effect of Absenteeism. Generally, it bring down productivity, upset work schedule, impact other employee morale and increase turnover..

[Audio] About the right to take leave. OP Malhotra in his book titled the law of Industrial Disputes second edition write that No employee can claim leave of absence as a matter of right and remaining absent without leave will itself constitute gross violation of discipline. Hence, continued absence from work without permission will constitute misconduct justifying the discharge of a workman from service. In Metromix Sendirian Berhad versus Ismail Sulaiman Industrial Court Award Nunber 91 of 1996. The learned Chairman had this to say on employees 'right to take leave'. Leave cannot be claimed as of right and the employer reserves the discretion to refuse or revoke leave. It therefore connotes the necessity of obtaining permission from his employer relieving him from the obligation of attending his work. Unless the permission or leave required is granted, the workman seeking leave cannot absent himself from work. Until and unless a workman's leave is approved by proper authority, he run the risk of being absent without leave and in breach of statutory provisions in the Employment Act 1955..

[Audio] About authority to grant leave. The authority to grant leave principally lies with the employer, but such power can be presumed through delegation by an appointed authority. In the event leave is taken from an authority who is not empowered to grant leave, then the leave could be invalid and would be treated as if there was no leave. In Transport Workers Union Versus Kontena Nasional Sendirian Berhad. Industrial court Award No 82/1981. Here, the employee who asked for leave from a Supervisor was given half day off, he would have to come back the next day and put an application for his leave in writing. This was because there was an office instruction that all workers who wished to go on leave must have their written application approved by the branch manager or the deputy manager and no one else. The employee, did not turn up for work or apply for his leave the next day. His next report to work was only 6 days later. He was later dismissed from service. The court held that the dismissal was justified.. The court further held that the supervisor has no authority to grant leave & employee disregard procedure..

[Audio] About applying and approval of leave. BR Ghaiye in his book Misconduct in Employment second edition on "Application of Leave". Whenever an employee requires leave, it is necessary for him to send the leave application even if an employee has some just cause for absence. No employee can claim as a matter of right leave of absence without permission and when there might not be an application for the same. Remaining absent without any application is therefore a gross violation of discipline. In Super Coffeemix Marketing Sendirian Berhad versus Loke Siew Mann. Industrial court award 963 of 2003. An employee went on leave by leaving a memo despite disapproval of his leave application. The memo showed the intention of the employee to go on leave even though the employer did not approve it. The Court further held that if a procedure says that an employee is only permitted to go on leave upon obtaining approval from the relevant head of department., the employee concerned must get approval from the relevant personnel before going on leave, failing which he risks himself of going absent with out leave..

[Audio] Another case about applying and approval of leave. In Guthrie Biotec Laboratory Sendirian Berhad versus Mannar Moorthy. Industrial court award 253 of 2003. It is employee responsibility to check with the employer on the status of the leave application. The employee out not to assume the status of leave application, To check would be a required act especially when employee remains absent for a number of days, and it is his defense that he was permitted to do so by the employer, the burden would lay on the employee to prove the said permission and he has to give proper evidence for the same. It is for the employer to prove, on a balance of probabilities, that the leave period had been approved. In addition, the employer would not be faulted for not informing the employee the result of a leave application in writing. There is no duty imposed on the employer under the law to necessitate the employer to inform the employee in such a manner..

[Audio] About LEAVE TO BE TAKEN IN ADVANCE. In general, leave ought to be taken in advance in accordance to prescribed company rules and procedures. No employee should proceed on leave before applying for it in advance, save for emergency situations as the employer reserves the right to refuse leave if it causes interruption to work or business plans. In Hospital Fatimah Versus Vemala Devi Nagalingam. IC Award Number 872 of 2013. The employee was summarily dismissed for willfully absenting herself from work. The employer testified that the employee had applied for leave only 3 days in advance, which less than the required fourteen days. Because of short notice and shortage of staff, the employer had difficulty in getting replacement and for that reason, had rejected her leave application. The employee nevertheless still went on leave. At the industrial court, the case was decided against the employee on the ground, amongst others that the leave application was submitted late. The employees dismissal was held to be with just and excuse..

[Audio] About ABSENT DESPITE REFUSAL OF LEAVE. "The conduct of the employee in remaining absent without leave, although he had been informed that the leave cannot be granted, was an act of indiscipline amounting to willful insubordination" In Toong Fong Ombibus Co Berhad versus Transport Workers Union Industrial court Award 81 of 1987. Claimant loan application was refused and he stayed away from work for the day as a result of which his bus could not be operated causing the Company loss of RM 300 and inconvenience to the public The court held the dismissal was justified. The court further held that there was no merit in the claimant's case when viewed from his past record. Going absent without leave right after result of leave is an act subversive of discipline. By deliberately staying away from work the Claimant had committed an act of indiscipline amounting willful insubordination..

[Audio] Another case related to absent despite refusal of leave. In MULTICORE SOLDERS Malaysia Sendirian Berhad versus CHANDRA Anak lelaki NADESAN Award Number 46 of 1996. The employee had applied for half day leave and his application was rejected on the ground that there was a shortage of workers. Despite his leave being rejected, the employee left during lunch break and did not turn up for work the whole afternoon. The court held that the dismissal is justified. The Claimant conduct of leaving Company premises after his application for leave was rejected amounted to serious misconduct justifying dismissal although he had served the Company for years and had a good record..

[Audio] About DEFENCE OF TACIT CONSENT. In leave Management case, tacit concern refer to assumption by an employee. The issue apply here is whether an employee can assume the approval of a leave application and claim 'tacit consent, in absence of any response of the employer to the leave application? Put another way, is an employee entitled to take the perception that the in action of employer to a request for leave would mean that the employer had 'indirectly consented' or "tacitly consented' to the request for leave? In Pasaraya Hongkong Sendirian berhad versus Lim Bee Hwa industrial court Award 229 of 94. Asking for leave is not the same as getting it. However, if superior empowered to approve leave and no response. Tacit consent may implied on ground that if application not allowed, it should be expressly stated. In this case, the learned council Chairman, Tuan Haji Yusuf Ahmad in the above case was nevertheless of the view that such a statement is too wide. It can only be accepted if there are circumstances making it difficult or impossible for the.

[Audio] Employee to find the outcome of his leave application such as an emergency, the absence of the superior from office or difficulty in communication between the employee and his superior. If employee can go on leave after submitting an application without bothering to find out its outcome even if there is delay by the employer in attending to it, there will be chaos in the management of business. There may well be a good reason why the employer could not attend to the leave application of the employee immediately. In Sri Inai Management Services versus Khatijah Ismail Industrial court Award 535 of 1944. The court held that Employee not entitle to take the position that in action of employer to request for leave as always amounting to tacit concern..

[Audio] About Lateness and Tardiness. Employee Lateness is described as "Absence without leave for the period between the time the employee is required to arrive and the time actually arrives and as a species of unauthorized absence, it too is misconduct. Misconduct aggravates when lateness is persistent". In OYL Condair Industries Sendirian berhad Versus Malachelvi ap Veeman. Industrial court award 113 of 93. A workman was late for a few minutes on each occasion. She was dismissed. In holding the dismissal as unfair the industrial, the court said and taking into consideration the traffic congestion in this part of the country, an employer should not act harshly on the question of punctuality unless it is persistent. The industrial court also found that, incidents of the coming happened in the past when Company had in effect condoned the acts. The court held that this was a minor incident and the dismissal was too harsh..

[Audio] About Leaving Workplace Early. Leaving work early without permission would constitute misconduct. In BR Ghaiye's Misconduct in Employment second Edition page 145 says "Leaving the work earlier without permission is treated somewhat more seriously than the act of late coming. The reason is that many a times an employee may come late on account of a variety reasons and on some of which he may not have any control. Supposing a worker usually comes to the workplace by bus or other convenience and this is late, he cannot help it. But after having joined the work there can be little excuse for leaving the work earlier without permission. In Saudagar Berlian Poh Yik versus Lee Thai Chong Industrial court award 162 of 84. The Industrial Court upheld the dismissal of the employee who left early without permission..

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