Can someone tell me, Legally when we should send a notice to an employee if he is absent from work without any Prior intimation or Leave applicatoin.
I mean if a person is absent from 7 JUNE 2012 how many days we should wait for sending him a notice as per the act. and after sending him the notice if he is still not coming what is the procedure for termination.
Notice to the last known address is sent to the absenting employee as per terms mentioned in appointment letter of employee and Standing Orders. Please note that latter overrides former.
You could have mentioned few more details like you work in what type of industry, your company belongs to what state etc. If you don't have approved and certified standing orders then follow model standing orders of your state.
Dinesh V Divekar
Management Training Consultant
Bangalore - 560094
Beware of false knowledge; it is more dangerous than ignorance.
Every organisation will have two categories of employees
1. Workmen under the Industrial Disputes Act This will cover all Workers and staff like Data entry Operators telephone Operators
Assistants etc These are the people who are governed by Standing Orders. If you have Certfied Standing Orders, look at
provisions. Otherwise look at Model Standing Orders in maharashtra
Generally, if an employee does not come for two days without intimation, we must start the process by sending a communication
to his address asking him to report for work immediately. Wait for three more days, then send one more communication. By this
he would report for work or remain absent for more than 10 days. send a detaild letter indicating that he had been remaining
absent from the date onwards and there is no response from him. Ask him to report for work on or before a specified date.
Mention if he does not report it will be deemed that he has no interest in the employment and his name will be removed from the
rolls. Wait till that date and send a communicatinn removeing him from the rolls if he does not report for work
2. Management and supervisory Staff are not covered by Standing Orders but are covered by general law in the absence of
specificrules.Same procedure can be followed
This method is suggested where the does not respond or report. If he reports, suitable disciplinary action can be initiated as per standing orders. In case of Supervisory or Managerial Staff, do not initiate disciplinary action but enquire and take a decision whether he should continue in employment or not
Free-Lance HR consultant
As others said first you need to send a letter of intimation of absent.
Please be noted that just by sending a letter and keeping a supporting of the same you can't terminate him/her.
You need to send a second and third letter through registered post with acknowledgement due - to the recent address as well as to the permanent address of the employee.
There are chances you may get the acknowledgement and may not -
Based on the time limits you have provided for the return reply - if you haven't got back, you may take action of termination.
There are different standards maintained in the industry - based on receipt of acknowledgement.
If received you can send a termination letter with acknowledgement due.
If its not received - a little process- need to form a committee - and send it through them personally to the address and hand it over to him / her and take acknowledgement -
If not found - based on the committee report - you can file the termination letter for future use and close the file
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