Firing For Irregularity - CiteHR
Svsrana
Hr Head With Pmi
Ramnaresh_20
Hr Manager
Dilipbhandari
Dgm-hr , Rajhans Group.
Vidhya Bhavsar
Training And Development
+2 Others

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Dear Seniors,
I have one emp. in my co. who is being irregular, he has not informed anyone any on leave since last 5 days. Can I fire him with this reason. He is also not the one of the worth to be retained in company.
what can I do..? give a retrenchment notice or directly fire him.?(would there be any legal issue ?)
Kindly guide.
Regards,
Vidhya bhavsar
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Look in to your HR Policies regarding unauthorized absence. If you have a policy follow it.
On the other hand if you dont have a policy make one, explain it to him, make sure you mention that in the future if this repeats the company has the right to fire him without notice or pay as this is considered as gross misconduct issue. take a signature that you had conducted a counselling session with the employee regarding this and record it. If he repeats again the same thing just fire him.
Send him a recorded delivery letter inviting him to a disciplinary meeting. Keep a copy in your records. Now keep tracking it online if its delivered or not.
Wait for few days after delivery and if he did not show up send another letter inviting for meeting and mention "if you do not respond or attend the meeting, the meeting will take place in your absence and you will not have an opportunity to appeal the outcome".
Track the delivery online, wait for the meeting day, if he doesnt show up, make a dismissal letter for unauthorized absence and send it to him. Do not provide any salary or balances and employment references to that candidate.
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Pl clarify whether he is a permanent employee or contract employee.

If he is permanent workmen, follow the certified standing orders of your company.In the absence of cerified Standing order, model standing order Act will become applicable.

First you should send the Show cause notice to him for unauthorised (without prioor permission) leave to his address with Registered post.

Do mention the clause of the SO(Standing Order) in the Show cause notice and period of time to reply.

If he is not received your SCN, conduct the domestic enquiry as per the principles of natural justice.

Once guily proved, issue second show cause notice for proposed dismissal and get the reply from him.Finally issue a dismissal order.

What Mr.Ram is absolutelt correct.

Befor make a dismissal order, follow the principles of Natural justice while conducting enquiry.

"No one should be punished without heard ". Give enough time for his relpy.Even after we did n't receive any reply from him. Record all the things in the enquiry proceedings and issue a final dismissal order.

If we failed to follow the principles of natural justice, dismissal order will be invalid.

Regards

D Pannerselvam

9842219133
'
Dear Vidhya,
what Mr.Ram naresh said is acceptable to follow.. but this not so nice policy of an organisation like not providing his salary balance. the organisation can pay the salary of no.of.days present what he had actually came...
Dear Vidya
The comments and path suggested by Mr. Ram and Ms. Priya is fair enough, go thru it and then fire him, unless you will attract a long and expensive legal fight with first with Labour commissioner and then case will be refereed (if not settled) to Labour Court where mostly judgement comes in favor of employees if not followed legal procedure at the time of firing. Order may be given by court, after 4 - 5 years, for reinstatement with all full of half back wages with expenses occurred to employees on legal fight with your company. So take care.
Thanks
Dilip
HR Manager
9374533460
Dear Vidya,

follow following steps-

1. issue unauthorized absenteeism letter.( advised to report duty immediately and submit a written explanation for your above unauthorized absence)

if he/she didn't reply.issue 2nd letter

Date: 2nd February, 2011

Registered with AD

Mr.

Address-

SUBJECT: UNAUTHORIZED ABSENCE

Dear XYZ,

It has been reported that you have been absent from work with effect from 29th January, 2011 without any proper initiation and authorization.

You are therefore, advised to report for duty immediately and submit a written explanation for your above unauthorized absence.

If you fail to do so, it will be presumed that you are no longer interested in the employment with us and necessary disciplinary action would be initiated against you.



Yours faithfully,

For Compnay

Human Resources Manager

2. issue 2nd unauthorized absenteeism letter in same format, with previous letter reference

3. issue show cause cum charge sheet letter. as per your factories certified standing order with

""You are therefore, advised to resume your duty immediately and submit written explanation within 24 hrs on receipt of this notice as to why disciplinary action not be taken against you for misconduct as alleged above.

If you fail to act as advised, it will be presumed that you have no explanation to offer and that you are no longer interested in your employment with the company and the matter will be dealt with action as deemed fit""
1. on the baseline follow mr pannerselvam, he has explained the procedure in detail.

in all cases, give benefit of doubt to employee.

2. mr ram naresh is acting emotionally and suggesting things which can backfire. (with due regards to mr ram naresh, no pun intended). mr ram naresh, add a clause in policy. even if employee turns up 2 months down the line, let teh case be referred to the highest level in HR/ line mgr. give him a chance to explain and let the C- Suite decide.

3. see what are the best practises happening globally. let me enumerate a few examples for you.

attendance bonus @ 10 % of gross. this is quite a big sum for every employee and the only thing that you need to do is dont take unscheduled leaves.

coming late or leaving early is not a bane, only unscheduled leaves affect the company. (pls note this may be contrary to what you may have read or seen around you but this is a proven strategy enumerated in COPC (MBNQA)

let the company reserve the right to get an employee examined by its own doctor and one of the seniors can visit him at his home..

do a simple analysis of leave patterns in your company eg by day of the week/ randomness/ immediate supervisor/ work area etc.

at certain places work is stressful so people want to shift or leave

it may happen immediate supervisor is vindicative or doesnt have skillsets or right attitude..

too many random breaks/ leaves may mean the employee is on the way out..

prepare a roster least 7 days in advance.

track variances.

overtime/ extra hirings imply manager has zero planning ability (pls note 99% of managers will find it difficult to digest this)

one of my employers implemented a cutting edge method,

we used to track performance on quarterly basis ..

thats all

no attendance was marked..

let me know if you further questions
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