Nice case study for future reference also.
1. No new employee has a liberty to take leave at their wish. According to Labour laws in the first year he can take up to 12 CL's and 12 SL's only. these also availed upon prior approval from the management. SL's he has to produce documents. Any other leave days are absents your can treat as loss of pay. Please refer you offer letter / agreement if nothing say of about daily wage. you can deduct salary (ctc/per month) like ... salary/25 or salary /20 = Daily wage. daily wage includes your weekly offs. this calculation is as per the provision in Minimum wages act.
2. Have you Issued any Memo? for asking explanation for lates and other issued. if not better issue notice and get return reply to that. if he still continues the same. Issue second notice with financial implications and penalty clause.if still continues you can terminate with reference to notices and ask for the damages.
Before taking any decision think twice.
All leave days are not just for fun.few of them are might have genuine reasons also.
Be positive after all you and me were also employees.
23rd December 2010 From India , Mumbai
in my view
1.As a employer we are not here to teach a lesson to any one.Firing him from job will be another lesson to him.
your company disciline will become mesh if you will continue with such type of person.secondly he is taking too much leave or abstaing from duties
.leave is not a right.so in my view ,you should terminate him immdly.
2.you can not recover any thing from him as mentioned in bond.
2nd January 2011 From India , Delhi