Dear Venketpelluri,
Now there are very many legal books available on "How to terminate an employee", "How to initiate disciplinary actions" etc. Your case seems to be quite simple.
Once you have send the show cause notice to the employee thru' a messenger and it is not accepted and acknowledged by the employee the messenger has to return the document with his remarks "refused to accept" with time and date written on the envelope. If possible he may try to get the signature of a witness too. It is always not possible to get a witness to sign becuse they are also part of the union.
Now refusal to accept any official communication is another misconduct. Towards this you initiate another show cause notice. Let both these be put up on all the notice boards. Since the employee is present during these days it is enough to have these on the notice boards. On these memos you must write cc: Notice board. Employee now may realize that employer is serious and try to act accordingly.
On expiry of the time limit specified; frame the charge sheet and send it again to him and of course with a copy to all notice boards. And with in the time limit for his reply against the charge sheet if no response; arrange to conduct an enquiry. Give him a chance to appear for the enquiry along with a co-worker if he so desires. In case he does not care to attend the enquiry go ahead and conclude ex-party. Enquiry just has to show whether the employee is guily or otherwise. Then punishment can be decided by you as per rule.
During this period if the employee is present you can never mark him absent. Marking absent while he is present is a punishment and punishemnt with out going through the procedure will go against the employer.
There is no rule stating that the employee has to accept and acknowledge official memos.
Attempt to communicate in all possible means is the only approach. Putting up on notice board is proof enough for that.
In case the employee is absent then only you have to send it by regd. post. In this case repeat it twice and prove that employee is not available in the last known address. You may be lucky if the post mark "refused to accept" appears on the returned envelope.
Regards,
Kesava Pillai
From India, Kollam
252Now there are very many legal books available on "How to terminate an employee", "How to initiate disciplinary actions" etc. Your case seems to be quite simple.
Once you have send the show cause notice to the employee thru' a messenger and it is not accepted and acknowledged by the employee the messenger has to return the document with his remarks "refused to accept" with time and date written on the envelope. If possible he may try to get the signature of a witness too. It is always not possible to get a witness to sign becuse they are also part of the union.
Now refusal to accept any official communication is another misconduct. Towards this you initiate another show cause notice. Let both these be put up on all the notice boards. Since the employee is present during these days it is enough to have these on the notice boards. On these memos you must write cc: Notice board. Employee now may realize that employer is serious and try to act accordingly.
On expiry of the time limit specified; frame the charge sheet and send it again to him and of course with a copy to all notice boards. And with in the time limit for his reply against the charge sheet if no response; arrange to conduct an enquiry. Give him a chance to appear for the enquiry along with a co-worker if he so desires. In case he does not care to attend the enquiry go ahead and conclude ex-party. Enquiry just has to show whether the employee is guily or otherwise. Then punishment can be decided by you as per rule.
During this period if the employee is present you can never mark him absent. Marking absent while he is present is a punishment and punishemnt with out going through the procedure will go against the employer.
There is no rule stating that the employee has to accept and acknowledge official memos.
Attempt to communicate in all possible means is the only approach. Putting up on notice board is proof enough for that.
In case the employee is absent then only you have to send it by regd. post. In this case repeat it twice and prove that employee is not available in the last known address. You may be lucky if the post mark "refused to accept" appears on the returned envelope.
Regards,
Kesava Pillai
From India, Kollam
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Labour Welfare Cess Reg Application-FOR MET.docx