Absenteeism in a Modern Workplace

When Absence Becomes Misconduct

In Episode 1, our Partner, Swarnima, discusses the difference between unauthorised absence and habitual absenteeism in India. She expands on the principles that have emerged from court rulings on absenteeism and dismissal in India and how employers can prove intentional absenteeism in disciplinary proceedings.

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Distinguishing Stress and Mental Illness

Our Partner, Swarnima, focuses on the difference between workplace stress and clinical mental illness, and examines whether employers can take disciplinary action for stress-related absence in India. She discusses how courts view employee absence due to depression and anxiety disorders in India and explores how employers should handle mental health absenteeism in India.

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Addressing Self-Harm with Care

In this final episode, Swarnima examines how employers should handle employee self-harm concerns in India, explaining why such situations must be viewed differently from ordinary misconduct or attendance issues. She discusses the difference between misconduct and mental health incapacity at work, highlighting the legal responsibilities of employers for employee mental health in India and the expanded employer duty of care for mentally unwell employees. Swarnima further reflects on how courts view termination related to mental health concerns.

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