An employee of the public sector bank remains absent from work for 18 to 20 days in a month. He is attending the office only for 10 to 12 days in a month due to spinal problem. The employer can convert unauthorised absence in the leave without pay. When the employee took leave on a particular day the employer marked that leave as leave without pay or an unauthorised leave.
The employer has counted public holiday and Sunday in the unauthorised leave. therefore, The employee suffered a lot due to such an illegal act of the employer. If the employee clears the UPSC examination then would there be a problem in getting NOC from the employer?
As an employee, it is important to understand the rules and regulations regarding leave and absence from work. In a public sector bank, the service rule governs the employee’s conduct, including taking leave and the consequences of unauthorized absence.
Proper sanction of leave is mandatory according to the service rule. The employer can treat unauthorised absence as leave without pay. This means that if an employee is absent from work without taking leave or obtaining prior approval from the competent authority, it can be considered as an act of negligence. In such cases, the employer has the right to convert the unauthorised absence into leave without pay.
A sanctioned leave is a different thing from an unauthorised absence. If the employer treats the absence as leave without pay, the employee cannot claim that they were on a sanctioned leave. This is an important distinction to keep in mind, as the employer can terminate an employee on the basis of unauthorised leave, despite the leave being recorded as leave without pay in the service record.
Unauthorised absence is considered misconduct by absence, as established in State of Madhya Pradesh vs Harihar Gopal (1969) 3 SLR 274 (SC). The employer can terminate an employee on the basis of unauthorised leave, and the employee has no legal right to challenge the decision. The employer is also free to treat unauthorised absence as leave without pay, even if it includes public holidays and Sundays.
When an employee is absent without taking proper leave, they cause loss to the employer. Therefore, it is important to compensate the employer to the extent of that loss. The employer may issue a No Objection Certificate (NOC) but may simultaneously impose fines under the service rule. If unauthorised absence is a ground for termination, an employee can seek a NOC after paying damages to the employer.
Conclusion: In conclusion, it is important for employees to follow the service rule and obtain proper sanction for leave. Unauthorised absence can have serious consequences, including termination and fines, and can also affect an employee’s service record.
