Dear All,
Can someone tell me, Legally when we should send a notice to an employee if he is absent from work without any Prior intimation or Leave applicatoin.
I mean if a person is absent from 7 JUNE 2012 how many days we should wait for sending him a notice as per the act. and after sending him the notice if he is still not coming what is the procedure for termination.
Ronnie Francis

From India, Nagpur
Dinesh Divekar
Business Mentor, Consultant And Trainer
+3 Others

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Dinesh Divekar

Dear Ronnie,
Notice to the last known address is sent to the absenting employee as per terms mentioned in appointment letter of employee and Standing Orders. Please note that latter overrides former.
You could have mentioned few more details like you work in what type of industry, your company belongs to what state etc. If you don't have approved and certified standing orders then follow model standing orders of your state.

Dinesh V Divekar

Beware of false knowledge; it is more dangerous than ignorance.

From India, Bangalore

Thank you sir for your reply, Currently where I am working its a FMCG Manufacturing Firm, and Comes in Maharashtra.
I don't have much knowledge about standing orders however i ll try to find out and go though it.
Thanks and Regards
Ronnie Francis

From India, Nagpur

Dear Mr Francis

Every organisation will have two categories of employees

1. Workmen under the Industrial Disputes Act This will cover all Workers and staff like Data entry Operators telephone Operators

Assistants etc These are the people who are governed by Standing Orders. If you have Certfied Standing Orders, look at

provisions. Otherwise look at Model Standing Orders in maharashtra

Generally, if an employee does not come for two days without intimation, we must start the process by sending a communication

to his address asking him to report for work immediately. Wait for three more days, then send one more communication. By this

he would report for work or remain absent for more than 10 days. send a detaild letter indicating that he had been remaining

absent from the date onwards and there is no response from him. Ask him to report for work on or before a specified date.

Mention if he does not report it will be deemed that he has no interest in the employment and his name will be removed from the

rolls. Wait till that date and send a communicatinn removeing him from the rolls if he does not report for work

2. Management and supervisory Staff are not covered by Standing Orders but are covered by general law in the absence of

specificrules.Same procedure can be followed

This method is suggested where the does not respond or report. If he reports, suitable disciplinary action can be initiated as per standing orders. In case of Supervisory or Managerial Staff, do not initiate disciplinary action but enquire and take a decision whether he should continue in employment or not

T siavsankaran

From India, Chennai

Dear Ronnie, You can issue a show cause notice at the outset due to which you can tie the employee in written statement. In case of no reply, you may issue termination letter.
From India, Pune

Dear Sivsankaran,
After going through your explanation more than half of my doubts got cleared, thank you so much for elaborating on my query so specifically and clearly.
I will surely try to search the two types of standing orders mentioned by you.
Thanks and Regards
Ronnie Francis

From India, Nagpur
Pls. wait upto 10 dayssince there are no such specific days of unauthorised absence to await in the letter of appointment.Then send letter to report him for duties forthwith ,while cautioning that failing which appropriate action will be taken as it is adversly affecting work shedule in the office/factory.
T.Bhaskar Reddy
Free-Lance HR consultant

From India, Hyderabad

Dear Runnei

As others said first you need to send a letter of intimation of absent.

Please be noted that just by sending a letter and keeping a supporting of the same you can't terminate him/her.

You need to send a second and third letter through registered post with acknowledgement due - to the recent address as well as to the permanent address of the employee.

There are chances you may get the acknowledgement and may not -

Based on the time limits you have provided for the return reply - if you haven't got back, you may take action of termination.

There are different standards maintained in the industry - based on receipt of acknowledgement.

If received you can send a termination letter with acknowledgement due.

If its not received - a little process- need to form a committee - and send it through them personally to the address and hand it over to him / her and take acknowledgement -

If not found - based on the committee report - you can file the termination letter for future use and close the file


From India, Hyderabad

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