Unauthorized Absence and Fake Medical Certificates - domestic enquiry
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shinevci Started The Discussion:

Dear ALL I have recently joined as Manager-HR with a finacial firm,One of our employee is absent from work for the last 2 months and every 2nd week he sends a letter to us stating that he is on bed rest advised by his docotr.Though we are not processing his salary however it is important for us to remove him from the systm. I need to draft a letter to him to show all details of his treatment and test reports along with hospital and doctor details.I am quite sue that this person is willingly keeping him absent from work. Kindly help me with a draft for such letter. Regards Shine

Madhu.T.K - Member Since: Sep 2007
Please try this format. You have been absenting from work since.......(date)...without any notice. Although we received a communication that you are bed ridden the same cannot be taken as proper intimation of your sickness. As you know, absenting without valid reasons is a serious misconduct for which the management shall award you punishment which may include termination of service. Therefore, you are hereby directed to produce the complete details of your illness with relevant documents in support of your temporary incapability to attend the office within 2 days, failing which we will be constrained to take disciplinary action against you. For XXXXXX ltd Authorised Signatory For more details about conducting a disciplinary action please see a PPt available in my blog. www.citehr.com/blogs/madhu-t.k Regards, Madhu.T.K

suja_nm - Member Since: Feb 2008
Dear Shine, I have also faced the same situation in my orgsn. We had sent out letters indicating disciplinary action taken for his absence stating that his absence is affecting business deliverables. Alternatively, you may also ask him to undergo a medical examination by a doctor authorized by the company. As a last resort you could opt for termination of the employee. Good luck!

Chanda Batra - Member Since: Jun 2008
Hey Shine, Your first step should be to send someone to his home with flowers. This step should have been taking within just 3 days of his abscence. But anyways, send someone to his place, so as you get to know the exact situation. If he refuses to meet, then start sending warning letter stating that if he doesn't report to work in the next three days then he shall be terminated. This is kind of formal documentation which is important legally. If he doesn't report, then feel free to sned across a termination letter and process his Full n Final. Don't let him inside the office for his exit formalities. You do it on his behalf.

K C S Kutty - Member Since: Nov 2007
Dear Shine, You can initiate action based on the employment contract or standing orders applicable to him. That is one side. Sending show cause notice or charge sheet or conducting domestic enquiry (in his absence too) and dismiss from can be done by any one. Instead of taking disciplinary action first, you find out why he is not reporting for work. It may be due to the work related issues at your organisation level. Talk to him over phone or even make a visit to his residence and find out the actual reasons. If he is really bed ridden and cannot come to work, your action of taking disciplinary action and dismissing him will only speak your attitude towards employees. Instead your visit him and extend a helping hand will give a positive signal to other employees. They too feel that the Organisation will be with them in bad days and this will enhance loyalty of employees towards you and your organsiation. If you find otherwise, take disciplinary action as laid down in the standing orders as applicable to him and take appropriate action. All the best. KCS Kutty, Chennai

sanyalanjan - Member Since: Jun 2008
You may try this draft. Please refer to the various communication you made with reference to your absence from duty w.e.f. ***** to till date, however the same is not subtantiated with any medical certificate from a Registered Medical Practitioner/Hospital. Under the circumstances, we are compelled to interpret that you are deliberately absenting from duty under the please of Medical treatment, and you are not interested to work in this Company. Under these circumstances, we shall be compelled to stike off your name from the rolls of the Company. You are hereby advised to report to your Controlling Officer, on or before ABC ****** (AN)(give at least 15 days time), and submit your written explanation enclosing along with it all the medical prescriptions/certificates etc. to substantiate your absence on Medical ground. In the event of non compliance of the above it shall be deemed that you are not interested to work in the services of the Company and have left the services of the Company on your own volation and accordingly your name shall stand struck off from the rolls of the Company w.e.f. ABC (AN). This is without prejudice. (This is very important) Thanking you, Yours faithfully, -------------- Other important precautions: 01. Send the letter by Registered Post with Acknowledge due of the Indian Postal Service, to all the known address of the deliquent employee. 02. If possible get the same delivered to the known address by hand, and get a receipt of the same from the person receiving the same. 03. In all probability the person will refuse to receive the letter. Remember it is very important to build up documents to substantiate your stand that all possible action has been taken from your end as part of "Natural Justice" to the employee before you have terminated his employment.

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