Query
Dear Members,
We are a less than 2 years old manufacturing company in tamilnadu employing about 40 people (22 workmen). We would like to terminate a workmen because he has been absenting himself for 6 days in a row without prior permission from the company or any intimation to his supervisor. This is a gross misconduct and would like to know if i can proceed with termination due to discplinary misconduct. Please advise.
Thanks.

7th November 2011 From India, Madras

PARTICIPATING IN DISCUSSION:
Saswatabanerjee
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Satish Parimal
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+11 Others

Dear Friend,
I think, as a HR, first of all pls. try to understand the problem of employee, if he have any critical problem then, in that case, termination will not be a solution for his absenteesm. If he is habitual absent from duty, then think for necessary action.

7th November 2011 From United States
Hi,
You will first need to call the employee and have a personal discussion with him to find out the reason for his absenteeism. You could ask him to "show cause" as to why he has been regularly failing to report to work. In the absence of a reasonable/ valid response from him, the next ideal step would be issue a warning letter asking him to be regular; failing which you will be forced to take necessary disciplinary action, including termination.
If the absenteeism still continues, you may proceed with the termination.
Regards,
7th November 2011 From India, Bangalore
Many organisations face the problem of absentee employees. You can issue a show cause notice clearly stating the dates of absence the no of days of absence since his date of absence and the occasions ( as per model standing orders) then charge him with clause 24(f)habitual absence.....(full clause) Pls ensure that this show cause is issued to both his address on record as well as permanent address, so as to reach him. Thereafter issue charge sheet conduct enquiry and give him opportunity of defence. Pls follow the proper disciplinary procedure
7th November 2011 From India, Pune
Dear All,

Thank you all for your valuable replies. Please find my comments below

Mr.Amit Thakkar-

1. Employee joing Date - September'2010

2. We do not have a standing order yet. Is it necessary to have a standing order for a company that has less than 30 workmen

3. This employee has already been terminated from another company.

Mr.Satish Parimal

I understand what you mean and i too second your opinion that as HR personnel we should also have humanitarian view on certain issues.

But, the case here is, this particular workmen did not inform the company or the supervisor about his leave and took 6 days leave in a row. We have also identified that this person has made his wife participate the local body elections which is the true reason of his absence. But unaware of the fact that the company knows the true reason, he had written a letter stating that due to ill health of his wife he had to take leave. And this isn't true.

Chonds

Please read my comments above and advise.

Thanks and looking forward to your valuable feedback.
7th November 2011 From India, Madras
As posted above that employee can be terminated by paying all dues do you mean any emplyee can be terminated by paying dues irrespective of his seniority .
8th November 2011 From India, Nagpur
  1. When the employee remained absence from work?
  2. Had you issued Show Cause Notice to him?
  3. Had given written explanation to SCN? or submitted document of ill-health?
  4. IF not submitted had you called for the documents?
  5. If enquiry had been conducted, what its report? If not completed what is status of the enquiry?
  6. Had the employee been allowed to work after his 6 days continuous absence for work?
please answer this questions to give you the suggestions.
8th November 2011 From India, Tiruchchirappalli
Hi

Termination is not a solution for all the problems. As you Mentioned in this comment he is terminated from another company, I have a question if a Person is terminated from another company how you people recruit him without the knowing the real reason of his termination in the previous company due to his Misconduct???????? Or due to his Absenteeism???? Or Due to his health issues??? or due to his Personal problems???????? first know why he is terminated, If there is Proper reason like misconduct or anything you can terminate him or else see how critical the employee is for your concern try to give him warning like deduct his salary amount or Terminating him .Without knowing the reason behind you should not decease him out of the job. As you said there is no standing order in your company, First Company should frame the rules of Do's and Don’ts Then only employee will follow the rules. Without having proper implementation how can you terminate Employee????????????

As you asked, Is it necessary to have a standing order for a company that has less than 30 workmen,. According to [section 1(3)]. The Act is applicable to all industrial establishments‘ employing 100 or more workmen.


8th November 2011 From India, Coimbatore
first we have call for explanation through a register post, i want to know what are the clauses included in appointment order for absenteeism . other wise please post a letter to his residential as per the record through register post asking him to join duty immediately, then procedure starts send 3 letters in the interval of 5 days each and then you can issue the termination order with all the above proofs
8th November 2011 From India, Madras
I suggest that you may visit the family of the employee and talk to the members, There are two benefits (i) you will know whether there is any genuine problem; in this case, take a soft approach. (ii) if there is no issue at home front, explain the consequences of termination due to absentism to the family ( loss of income).In this case, the family members will exert pressure / motivate the employee.If the absentism continues, take appropriate action.
The other employees will appreciate your gesture.
8th November 2011 From India, Madras

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