If all the measures of serving show cause notices three times and issuing charge sheets etc, subsequtently pasting notice on his house you may issue public notice in local news paper as he has abandon voluntarily his services and has no mre interest if he fails to report or intimates his intention to resume his duties.within stipulated time mentuioned in notice.....
badlu
From Saudi Arabia
15badlu
From Saudi Arabia
Thanks!For your replies.Can you all give me performa or draft the chargesheet becoz this is the first time that i will going to do.Shall we consult a lawyer for the same.RegardsRanjeet
From India, New Delhi
From India, New Delhi
Dear Ranjit,
Try this.
" You have been absenting from work/ duty since ......(date).... without intimation. As you are aware that absenting without proper communication of reasons thereon is a offence/ misconduct as per clause.... of our Standing Orders. The matter was communicated to you three times by sending letters to your address available in this office/ personal file/ records but no reply from your side is received till date. This clearly indicates that you are no more interested to work with us and you have abandoned the employment.
As per clause..... of our Standing Order absenting without intimation for a period of more than 7/ 10/ 14 days will lead to automatic termination of contract of employment without giving any opportunity of being heard in this respect. However, it is decided to provide you an opportunity of being heard and as such you are hereby directed to explain in writing the reasons for your absence from work and show cause why action including discharge from service should not be taken against you. Your submission should reach us within 48 hours/ 7 days from this notice failing which we will be constrained to declare that you have abandoned the employment and take action accordingly."
Regards,
Madhu.T.K
From India, Kannur
Try this.
" You have been absenting from work/ duty since ......(date).... without intimation. As you are aware that absenting without proper communication of reasons thereon is a offence/ misconduct as per clause.... of our Standing Orders. The matter was communicated to you three times by sending letters to your address available in this office/ personal file/ records but no reply from your side is received till date. This clearly indicates that you are no more interested to work with us and you have abandoned the employment.
As per clause..... of our Standing Order absenting without intimation for a period of more than 7/ 10/ 14 days will lead to automatic termination of contract of employment without giving any opportunity of being heard in this respect. However, it is decided to provide you an opportunity of being heard and as such you are hereby directed to explain in writing the reasons for your absence from work and show cause why action including discharge from service should not be taken against you. Your submission should reach us within 48 hours/ 7 days from this notice failing which we will be constrained to declare that you have abandoned the employment and take action accordingly."
Regards,
Madhu.T.K
From India, Kannur
If he does not reply then the next step is sending him termination letter. There is no need to hold an enquiry in this case because enquiry is held to give the employee an opportunity to defend the charges levelled against him. When he has not replied to the show cause notice, it shall be presumed that he has accepted the charges. However, if you so wish ( I will not go for such lengthy domestic enquiry if an employee fails to submit his reply to my show cause notice) another letter informing him of his termination may be issued. I am not that good in drafting, still you can take it for reference.
" Whereas you have been absenting from work since...(date)... And whereas a show cause notice was issued to you on ..(date)... calling on you to explain your stand And whereas you have failed either to present in person or to give any reply And whereas the management can not hold the matter pending for any more time.
Now therefore, the management is constrained to come to the conclusion that you have abandoned the job.
In the above circumstance, you are given 7 days time to present yourself at the office of the Personnel Manager/ undersigned and receive the final order in this respect.
Signed this (date) day of (month) (year)"
The above letter gives no implication of direct termination but will support that the management has waited for his reply and the management will be justified in doing so. Requiring the employee "to present in person 'to receive the fianal order' " is a hidden line to give him yet another opportunity to come back or defend the charges. If he turns up, he may be given an opportunity to explain the reasons verbally and if the Officer is convinced, he can ask him to give it in writing and that will be treated as his reply to Show Cause Notice. On the ground of such reply, domestic enquiry can be carried out. On the other hand, if even after sending the above letter he does not turn up, it is a clear indication of violation and you can terminate his service.
Regards,
Madhu.T.K
From India, Kannur
" Whereas you have been absenting from work since...(date)... And whereas a show cause notice was issued to you on ..(date)... calling on you to explain your stand And whereas you have failed either to present in person or to give any reply And whereas the management can not hold the matter pending for any more time.
Now therefore, the management is constrained to come to the conclusion that you have abandoned the job.
In the above circumstance, you are given 7 days time to present yourself at the office of the Personnel Manager/ undersigned and receive the final order in this respect.
Signed this (date) day of (month) (year)"
The above letter gives no implication of direct termination but will support that the management has waited for his reply and the management will be justified in doing so. Requiring the employee "to present in person 'to receive the fianal order' " is a hidden line to give him yet another opportunity to come back or defend the charges. If he turns up, he may be given an opportunity to explain the reasons verbally and if the Officer is convinced, he can ask him to give it in writing and that will be treated as his reply to Show Cause Notice. On the ground of such reply, domestic enquiry can be carried out. On the other hand, if even after sending the above letter he does not turn up, it is a clear indication of violation and you can terminate his service.
Regards,
Madhu.T.K
From India, Kannur
Dear Madhu sir,
You are the one from whom i learn a lot. you are like the droncharya who can still teach us without nearby to us.
Plz suggest that after doing the same the last step will be public notification or notice board or to paste on his residential address.
Thanks
From India, New Delhi
You are the one from whom i learn a lot. you are like the droncharya who can still teach us without nearby to us.
Plz suggest that after doing the same the last step will be public notification or notice board or to paste on his residential address.
Thanks
From India, New Delhi
In case the employee does not appear, notice declaring his termination shall be put up simultaneously in the company notice board and at his residence, if owned by the company. If the residence is owned by the employee himself, pasting a notice which is not issued by an authority having judicial powers (like summons from the court, revenue recovery notices from Tahsildar/ District Collector etc) may create some other problems. Therefore, it is advisable to issue a notice in the news paper which will be treated as a caution notice to all who happen to deal with him with an impression that he is still with you. You can remove his name from the muster rolls and inform the pay office and other departments accordingly. A copy of the termination letter is sufficient for this purpose.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Dear Sir,
What if the person is genuinely sick for a long duration (say for more than a month) and has informed the management/ immediate superior a number of times. He has produced all the medical records of his sickness. Even after more than a month the employee still continues to be absent due to sickness.
Can the employer still terminate his services after giving him a notice? Is it mandatory to wait for a certain period of time before terminating him.
Regards,
Shailesh
From India, Mumbai
What if the person is genuinely sick for a long duration (say for more than a month) and has informed the management/ immediate superior a number of times. He has produced all the medical records of his sickness. Even after more than a month the employee still continues to be absent due to sickness.
Can the employer still terminate his services after giving him a notice? Is it mandatory to wait for a certain period of time before terminating him.
Regards,
Shailesh
From India, Mumbai
Dear Mr. Madhu, U r really contributing a lot to this forum. All the needy members should thank you. I just returned from Saudi Arabia after working in HR for more than 15 years. There, easy to terminate a staff if he continuously remains absent without permission for 10 days, he can be terminated by posting a registered letter to his address. If he wants the job, he should approach the labor commission whose advice we will accept.
All these rules for termination is applicable only for permanent staff I believe. Is it applicable for trainees or temporary staff with a consolidate monthly pay? If no, how long an employee can be kept temporary or trainee?. Regards, Usuf - Chennai
From India, Madras
All these rules for termination is applicable only for permanent staff I believe. Is it applicable for trainees or temporary staff with a consolidate monthly pay? If no, how long an employee can be kept temporary or trainee?. Regards, Usuf - Chennai
From India, Madras
Hi,
The first thing to remember is the observance of the required procedure, based on princiles of natural justice, before taking final action against the employee.. This helps us to counter all the subsequent pleas of the employee before the Courts.
In this particular case, a well drafted chargesheet should be prepared listing out the misconduct. It should mention all the other correspondance on the subject. A date time and place of enquiry should be mentioned and the lsame should be sent through a messanger or a courier to the last known address of the erring employee.He should be informed that the enquiry will be held ex-parte if he doesnot remain present on the date and time mentioned in the chargesheet. A copy of the chargesheet should be put up on the notice Board. If there is a Union,a copy should be sent to the Union office also.
it is not obligatory to publish it in the newspaper, but if the company wants, it can do so. Having taken these steps, the company should proceed with the enquiry on the date and time fixed. If the worker is not present, the Enquiry Officer can proceed exparte.
The Disciplinary Authority should take appropriate action based on the enquiry report. Before taking action copy of the enquiry report should also be sent to the charged employee for his comments.
The discipakinary Authority, should thereafter proceed to take final action.
The entire process appears to be lengthy, and tedious. There are many, who feel all this is not necessary. However, the principles of natural justice demand that the charged employee must be afforded with a reasonable opportunity before awarding major punishment to him.
I suggest you consider the above before taking final action.
Cyril
From India, Nagpur
The first thing to remember is the observance of the required procedure, based on princiles of natural justice, before taking final action against the employee.. This helps us to counter all the subsequent pleas of the employee before the Courts.
In this particular case, a well drafted chargesheet should be prepared listing out the misconduct. It should mention all the other correspondance on the subject. A date time and place of enquiry should be mentioned and the lsame should be sent through a messanger or a courier to the last known address of the erring employee.He should be informed that the enquiry will be held ex-parte if he doesnot remain present on the date and time mentioned in the chargesheet. A copy of the chargesheet should be put up on the notice Board. If there is a Union,a copy should be sent to the Union office also.
it is not obligatory to publish it in the newspaper, but if the company wants, it can do so. Having taken these steps, the company should proceed with the enquiry on the date and time fixed. If the worker is not present, the Enquiry Officer can proceed exparte.
The Disciplinary Authority should take appropriate action based on the enquiry report. Before taking action copy of the enquiry report should also be sent to the charged employee for his comments.
The discipakinary Authority, should thereafter proceed to take final action.
The entire process appears to be lengthy, and tedious. There are many, who feel all this is not necessary. However, the principles of natural justice demand that the charged employee must be afforded with a reasonable opportunity before awarding major punishment to him.
I suggest you consider the above before taking final action.
Cyril
From India, Nagpur
Dear All,
Hope you all are doing good.
My wishes for Dusshera and diwali.
The recent update on this cases is that we have conducted the domestic enquiry for atleast 2 months with tghe support of lawyer. The enquiry officer had given the report in support of management.
Now we can terminate the employee but due to ceratin reasons ( I am not aware) Management had taken the decision to take him back.
My question is that whether we it is right to take so much of pain for an absconding employee and to take him back on the duty.
If we have asked him to join back what are the other formalities and procedure that we have to follow.
Now i have come across to a very diferent situatuion where i need your suggestions.
An employee who was working in security department was suspended from theservices for 6 days only becoz he proceeded on leaves on false medical grounds. He had not reported for duties after his suspension days.
The management have a contract or a bond with the employee to serve atleast for 2 years becoz we have provided them advanced training to him in the foreign country. The training cost wholly was incurred by the company it self.
Now when he has been not reporting for duties, I have issued to memos on his residential address by regd ad. and u.p.c. but he never responded back.
What should be our next step in this case knowing that he is not responding and we have incurred a lot of cost for the associates. I n the bond it was also written that if employee will not serve for 2 yeards he has repay mininmum amount of 2 lakhs to the company.
Need your guidance .
Regards
Ranjeet
From India, New Delhi
Hope you all are doing good.
My wishes for Dusshera and diwali.
The recent update on this cases is that we have conducted the domestic enquiry for atleast 2 months with tghe support of lawyer. The enquiry officer had given the report in support of management.
Now we can terminate the employee but due to ceratin reasons ( I am not aware) Management had taken the decision to take him back.
My question is that whether we it is right to take so much of pain for an absconding employee and to take him back on the duty.
If we have asked him to join back what are the other formalities and procedure that we have to follow.
Now i have come across to a very diferent situatuion where i need your suggestions.
An employee who was working in security department was suspended from theservices for 6 days only becoz he proceeded on leaves on false medical grounds. He had not reported for duties after his suspension days.
The management have a contract or a bond with the employee to serve atleast for 2 years becoz we have provided them advanced training to him in the foreign country. The training cost wholly was incurred by the company it self.
Now when he has been not reporting for duties, I have issued to memos on his residential address by regd ad. and u.p.c. but he never responded back.
What should be our next step in this case knowing that he is not responding and we have incurred a lot of cost for the associates. I n the bond it was also written that if employee will not serve for 2 yeards he has repay mininmum amount of 2 lakhs to the company.
Need your guidance .
Regards
Ranjeet
From India, New Delhi
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Legal Clarification on Termination for Criminal Case & PF Contribution Reduction.pdf
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