shijit Started The Discussion:
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.
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.
HR & Labour Advisor
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.
HR & Labour Law Advisor
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
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.
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,
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.
Hr& Labour law Advisor
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