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Rules On Absenteeism - Disciplinary Actions

shijit Started The Discussion:

Friends,
Can sombody guide me on citing the rules concerning absenteism at work place. What are the common rules we need to rely on before we proceed with disciplinary actions. If you know please cite the applicable Legal clauses.
Thanks,
Shijit.

saiconsult - Contributing Member
The common precaustions to be taken before proceeding with disciplinary action is:

1)The employee should have been absent without sanction of leave
2) he should be marked 'absnet' in the muster roll or relevant records. he should not be marked 'leave' in the muster roll.
3) No leave should be santioned subsequently pending disciplinary action,
4)No wage s shall be paid for the period of his absence.
5) he shall be issiued a showcause notice or chargesheet for his unauthorised absence askig him to submit his expalnation.
6) Appropraite decison whether to proceed further in the matter shall be taken on the basis of teh disciplinary action.

B.Saikumar
HR & Labour Advisor
Mumbai

shijit - Contributing Member
Thank you sir for the above tips. Is there any specific time frame or period of unauthorised absence? I mean any statutory reference where the period of absence is clearly mentioned? Regards, Shijit.

Friends Pls tell me know If any employee is taking leave from Monday to Saturday (06 days) than next suffix Sunday we will be treated as a Holiday/Rest or Absent/Leave. Akhil

saiconsult - Contributing Member
Mr.Shijit

The model standing orders framed under Industrila Employment (standing Orders) Act deals with leave and punctuality of attendance. It also provides for loss of lien clause after reamining absnet for specified number of days under Standing orders. Apart from this there is no other statute that expressly provides for any rules on attendance or absenteesim. You can refer to it.

B.Saikumar
HR & Labour Law Advisor
mumbai

Quote:
Originally Posted by shijit View Post
Friends,
Can sombody guide me on citing the rules concerning absenteism at work place. What are the common rules we need to rely on before we proceed with disciplinary actions. If you know please cite the applicable Legal clauses.
Thanks,
Shijit.
Hi.
U do one thing.firstly do two mails to the person and after that send two formal letters on person mailing address in gap if one day. And then take any any action . Now u have valid
proof .
Regards
Abhishek

bhuwansbisht - Contributing Member
Quote:
Originally Posted by akhil_rathi@yahoo.co.in View Post
Friends

Pls tell me know If any employee is taking leave from Monday to Saturday (06 days) than next suffix Sunday we will be treated as a Holiday/Rest or Absent/Leave.

Akhil

Dear Akhil,
If the employee is on leave from Monday to Saturday then only he will get the benefit of Weekly off (Sunday), if he marked LWP/LOP/ Absent for Monday to Saturday so the Sunday will remain marked LWP/LOP/ Absent. He will not get the benefit of Weekly off.

shijit - Contributing Member
Dear Sir,
Thanks for your advice. Our standing order specifies 8 days of unauthorised absence (for the loss of lien clause). I want to know these 8 days is decided by the company or is there any statutory reference which spcifies exact number of days absence.
Thanks and regards,
Shijit.

Quote:
Originally Posted by saiconsult View Post
Mr.Shijit

The model standing orders framed under Industrila Employment (standing Orders) Act deals with leave and punctuality of attendance. It also provides for loss of lien clause after reamining absnet for specified number of days under Standing orders. Apart from this there is no other statute that expressly provides for any rules on attendance or absenteesim. You can refer to it.

B.Saikumar
HR & Labour Law Advisor
mumbai

saiconsult - Contributing Member
Mr.Shijit

The Model Standing orders stipulate the period of absence after which the loss of lien clause can be invoked by the employer. For example the Model standing orders under cetral rules as wellas the model standing orders under Bombay rules(for manual and technical workers) prescribe 8 days as the period of absence after the expiry of which, the workman is deemed to loose his lien on the job.Probaly the modelstanding orders framed by Kerala state must have also prescribed the same limit.

B.Saikumar
Hr& Labour law Advisor
Mumbai

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