Unauthorised absence possibility of dismissal
One of our employee is in the habit of remaining absent without obtaining prior sanction of leave
1. We can terminate from the his service? Its is possible means what is the procedure?
2. In case Courts interference with punishment of dismissal ( under the section 11-A industrial disputes act ) what we will do ?
From India, Coimbatore
One of our employee is in the habit of remaining absent without obtaining prior sanction of leave
1. We can terminate from the his service? Its is possible means what is the procedure?
2. In case Courts interference with punishment of dismissal ( under the section 11-A industrial disputes act ) what we will do ?
From India, Coimbatore
Hi ,
Issue him a memo stating his unauthorised absenteeism .warn him .
if no change again issue second memo stating the reasons .
then issue him show cause .allow him to explain but if still no change
then terminate him issuing the reasons .
If he is your permanent employee you have to conduct a domestic enquiry .
Refer the standing orders of the company .
if you are able to justify the termination through proper records then you
need not worry.
Regards
Rajeev Dixit
From India, Bangalore
Issue him a memo stating his unauthorised absenteeism .warn him .
if no change again issue second memo stating the reasons .
then issue him show cause .allow him to explain but if still no change
then terminate him issuing the reasons .
If he is your permanent employee you have to conduct a domestic enquiry .
Refer the standing orders of the company .
if you are able to justify the termination through proper records then you
need not worry.
Regards
Rajeev Dixit
From India, Bangalore
Dear Mr. Karthik,
It is not an easy job to terminate an employee for habitual absenteeism. You have to look for various aspect of law. How many days he has absented? How about his past records? Did you conducted any enquiry about his absenteeism and initiated any disciplinary action?
Now, you send a call letter asking him to report for duty immediately as otherwise disciplinary action will be initiated. Like that you start sending one after another letters. You prepare a Show cause notice cum charge sheet detailing the absenteeism. Conduct an impartial enquiry and based on the findings of the enquiry officer, and after analysing the past records, initiate appropriate action. Donot come to the conclusion that Management can terminate the employee as he found guilty. The Courts view differently under Sec. 11/A of the ID ACT. If he is absented continuously for more than 6 months in an year, you can initiate serious disciplinary action.
Hope this will give bird view of disciplinary procedure before initiating any action on an erring employee.
G.K.Manjunath
Sr. Manager-HR
From India, Bangalore
It is not an easy job to terminate an employee for habitual absenteeism. You have to look for various aspect of law. How many days he has absented? How about his past records? Did you conducted any enquiry about his absenteeism and initiated any disciplinary action?
Now, you send a call letter asking him to report for duty immediately as otherwise disciplinary action will be initiated. Like that you start sending one after another letters. You prepare a Show cause notice cum charge sheet detailing the absenteeism. Conduct an impartial enquiry and based on the findings of the enquiry officer, and after analysing the past records, initiate appropriate action. Donot come to the conclusion that Management can terminate the employee as he found guilty. The Courts view differently under Sec. 11/A of the ID ACT. If he is absented continuously for more than 6 months in an year, you can initiate serious disciplinary action.
Hope this will give bird view of disciplinary procedure before initiating any action on an erring employee.
G.K.Manjunath
Sr. Manager-HR
From India, Bangalore
Dear Sir, added to this the employee is absent for 10 days and he has joined another company, what would be the action from our end? Karthik
From India, Bangalore
From India, Bangalore
Dear Mr. Karthik,
If that employee has joined any other organisation and if you have sufficient documentary evidence about his joining the other company, write a letter to that employee stating your management would write to the present employer about your absenteeism and without complying with the formalities of submission of resignation letter etc., and joining that company. You also mention that if his present employer comes to know all this, his services would be in danger. Ask him to submit his resignation and comply with all legal formalities at your end.
G.K.Manjunath
Sr. Manager-HR
From India, Bangalore
If that employee has joined any other organisation and if you have sufficient documentary evidence about his joining the other company, write a letter to that employee stating your management would write to the present employer about your absenteeism and without complying with the formalities of submission of resignation letter etc., and joining that company. You also mention that if his present employer comes to know all this, his services would be in danger. Ask him to submit his resignation and comply with all legal formalities at your end.
G.K.Manjunath
Sr. Manager-HR
From India, Bangalore
sir
I got the show cause notice from my head of the department about coming late as It has been found in Electronic attendance Monitoring system.
but in actual due to fog electronic machine does not take my print at the time when I came into the institute. I have already report it to the person who manage eletronic system. now how should I reply to the Hod please help.
From India, Moradabad
I got the show cause notice from my head of the department about coming late as It has been found in Electronic attendance Monitoring system.
but in actual due to fog electronic machine does not take my print at the time when I came into the institute. I have already report it to the person who manage eletronic system. now how should I reply to the Hod please help.
From India, Moradabad
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