Alphonse
Manager -hr&a
Vishalmgrhr
Human Resource Professional
Korgaonkar K A
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Kknair
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Akatrap
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Tvm.jithin
Senioe Executive Hr
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Thread Started by #vishalmgrhr

Dear Senior,
This is reference to employee termination in case of unauthorized absence ,
we have one permanent employee who have habit for habitual absence, so many
we issued him show cause & warning note but again he is on unauthorized absence from 09/11/12 days ,in this matter I have dispatched first letter for unauthorized absence (48 hour time mention for explanation) to his permanent & temporarily address via reg.post dated 15/11/12 after that we have not receipt any response & reply for the same then I have issued him first show case with 48 hour time mention for explanation dated 21/11/12 but till date we are not getting any reply from employee side & now till date he absent ,what next step should be taken in this matter. If I terminate the employee then what continuous process should be taken in this matter .
Kindly suggest & advice for the same.
Regards,
Vishal
23rd November 2012 From India, Haldwani
Dear Vishal
First of all whether your company having certified standing order. If yes please prepare the showcause notice with the standing order classes. I am attaching the procedure for discipilinary action. go through carefully.
Please prepare a domestice enquiry notice and send it to his latest known address. If it was not surved and returned back, put one copy in the notice board and publish in the local language news paper. wait for some more day. If not turned then conduct the enquiry without him and put exparty and send the findings to his address and close the file. Please do not do any thing in hurry. follow the principle of natural justice carefully.
regards
Alphonse
9443625359
23rd November 2012 From India, Madras
Dear Sir I am attaching the files for your reference regards Alphonse
23rd November 2012 From India, Madras

Attached Files
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File Type: pdf Disciplinary Action1.pdf (217.8 KB, 3228 views)
File Type: ppt disciplinary_action_122.ppt (565.5 KB, 1750 views)

Dear Vishal,
Two show cause or warning letter is enough to remind an absconding employee. If you don't get any response you can send the termination letter to his address.
Also make an F & F settlement statement and send the same to the employee address.
If you don't have any policy or process regarding absconding employee, then make it and amend the same in your company policy.
23rd November 2012 From India, Mumbai
Dear Sir,
Thanks for reply & valuable advice.
Recently I have submitted five drafted copy of standing order to certifying office but
till date it is not certified, it is pending due to hearing for reason , worker are not agree to come on hearing date with DLC because he wants to delete employee transfer clause while it is mention as principle of natural of justice & I already instructed them for the same .In this matter we continuous receive hearing dates
from DLC. please help & advice for the same.
&
Now Model Standing order is applicable on for us ,can I follow above mention instruction which you mention on your advice. As per your instruction I have prepared domestic enquiry notice . please suggest & advice .
Regards,
Vishal
23rd November 2012 From India, Haldwani
Dear Vishal:
Notwithstanding the status of Standing Orders (pun intended!), first & foremost, please have clarity in your mind as to what is the end goal ? How does the Management and his immediate HOD look at him? Do you want him back (as an HR you must weigh this option carefully and before you take any action) or do you want to get rid of him? Both goals have different set of solutions. Homework is critical in such cases.
In this case, you have already issued two Show Cause Notices, so there may not be recourse, I guess.
Regards,
Kalpana Iyer
23rd November 2012 From India, Pune
in this case initially you have issue a final reminder(register post in latest communication) which you will advised her/him duty join the duty with in 15 days time or else cessation of his employment.and wait for the next 15 days - then employee is continuing his absenteeism you should issue charge sheet against him
23rd November 2012 From India, Thiruvananthapuram
in this case initially you have issue a final reminder(register post in latest communication) which you will advised her/him duty join the duty with in 15 days time or otherwise cessation of his employment.and wait for the next 15 days - then employee is continuing his absenteeism you should issue charge sheet against him
23rd November 2012 From India, Thiruvananthapuram
Dear Vishal ji,
I do not agree with Shri. Shenbagarajan ji. Even the employee does not turn up despite notices / SCN, domestic enquiry is must.
Mumbai HC in Mahamadsha Patel v/s Mastanbaug case, it is observed that ordinarily, abandonment of service by employee can not be presumed. It is held that in such a case the legal position is almost settled that even in the case of abandonment of service by employee, the employer has to give notice to the employee calling upon him to resume his duties. And if employee does not turn up despite such notice, the employer should hold an enquiry on that ground and then pass the appropriate order of termination.
Thanks with regards.
Keshav Korgaonkar
Shantadurgaent.com,Insurance Advisors,Corporate Advisors,Legal Advise,Wage and salary,Shantadurgaent.com,Labour Compliance Audit,SSI registration,NOC from
25th November 2012 From India, Mumbai
Dear all: Pl. check whether there is a provision for striking off name in the Model S.O. applicable to Uttarakhand Industries. Assuming it to be there an opportunity letter is to be issued stating that the employee is absenting since ---- (the first date of absence) and the provision for striking off name under the Model S.O. is attracted in the matter (Mind you, in calculating the number of days only working days have to be included and this opportunity letter is issued after the absence of days as specified in Model S.O. are over). and unless he reports for duty within three days of receipt of the letter, his name would be struck off the rolls of the company. If the employee does not turn up by the date specified, you can take action and remove him from service. Importantly, service of the opportunity letter is very important and it is to be ensured as per the rules and in a worst case a newspaper advertisement would suffice. Always the better option is to take the disciplinary action route for which the process is already with you, thanks to Alphonse

Regards

KK
25th November 2012 From India, Bhopal
Dear KK ji,
Greeting of the day!
The provision for striking off name in S.O. is applicable in case a workman remains absent beyond the period of leave originally granted or subsequently extended. Such workman shall lose his lien on his appointment unless he (a) returns within 8 days of the expiry of the leave, and (b) explains to the satisfaction of the employer his inability to return before the expiry of his leave. In case the workman loses his lien on his appointment, he shall be entitled to be kept on the badli list.
Kindly be noted that the striking off name from muster roll under above circumstances can not be arbitrary. The workman should be given an opportunity to be heard.
Thanks with regards.
Keshav Korgaonkar
Shantadurgaent.com,Insurance Advisors,Corporate Advisors,Legal Advise,Wage and salary,Shantadurgaent.com,Labour Compliance Audit,SSI registration,NOC from
26th November 2012 From India, Mumbai
Dear Keshav Korgaonkar,

I am not asking Mr. Vishal to send the termination directly. The employer has requested the employee to report on the dates mentioned in the warning letter. After sending 2 warning letter and if the employee does not turns up the company can send termination letter. Here the company has given 2 chances for the employee to explain his absence. Still the employee don't turn up the action can be taken against the employee.

As you referred to Mumbai HC in Mahamadsha Patel v/s Mastanbaug case, Here the employer did not send any notice to the employee about termination. So it came in favour of the employee and moreover the incident happened in 1988 and the case was held in 1994 - 1997. (Mahamadsha Ganishah Patel & Anr. vs Mastanbaug Consumers' Co-Op. ... on 24 June, 1997). Today every company draft the policy crystal clear on every aspect.

Today every company has their own HR manual / Policy / Appointment letter which clearly states about the termination clause of employee.
27th November 2012 From India, Mumbai
Dear senior,
Now, Yesterday employee came at our premises but I instructed them “give your
explanation against show cause but he didn’t provide me the same after that he said to me that I was on un authorised leave due to personal reason not due to medical purpose”. After that as per management instruction ,I inform them go back form here ,I will call you for your justification by written letter for it is genuine or not in grievance handling committee other wise give your explanation ,after that he gone . Now, what can I do in this situation, management wants to suspend his service for three month ,It is possible as order of punishment if it is possible then what monthly substance allowance will be pay him under suspension. Waiting for your valuable advice…..
Regards
Vishal
27th November 2012 From India, Haldwani
Dear Vishal & all, Now the employee has returned and his explanation is inadequate and unsatisfactory. Even though the management wants to suspend him for three months, but there would be no provision in Model SO for the same. So now the option is to take disciplinary action by issuing charge sheeet and a punishment as provided under the Model SO could be imposed. Regards
kk
27th November 2012 From India, Bhopal
Dear Mr.Vishal,
If the employee is returned, then ask him to give his written statement why he was on unauthorized absent without any intimation. if the reason found not satisfactory then issue him a charge sheet and put him on suspension pending inquiry. Conduct the domestic enquiry against him.If the charges proved against him he may be terminated from the services of the company. During the domestic enquiry proceedings he should be paid subsistence allowance as per statute.
Magesh.
27th November 2012 From India, Mumbai
Dear Mahesh ji / Dear All,
Can you or any body please elaborate the pros and cons if the employee is suspended with pending enquiry and also in case he is not suspended pending enquiry? Why you are not suggesting direct termination to him as suggested someone earlier?
The questions asked by me not to test you or any body, but to invite further discussion in this matter which may be fruitful to all of us.
Thanks and regards.
Keshav Korgaonkar
27th November 2012 From India, Mumbai
Dear Vishal,

In given conditions you have send Show-Cause Notice via Regd. A.D. But not Reply from the worker. Please let us know whether you got the Regd. Ad. receipt with signature of Worker? if yes, then please keep it in his personal file.

If the worker has not received the Regd. A.D. and the post return back to you, then also please keep the letter (without opening the packet) in his personal file with remark of post office.

Now even if you don't have Certified Standing Orders for the company , you can always use Model Standing Orders (Industrial Employment Standing Orders Act). You need to use the clauses while drafting the Charge Sheet.

Please send the charge sheet mentioning all the misconducts and date of domestic enquiry, place, name of Enquiry officer, and reimbersement of conveyance charges, if place is other than the place of work or factory or office, where worker normally work.

Conduct the Domestic Enquiry with Enquiry officer and gave fare chance to worker to defend himself. Put all the evidence like Warning Letters, Show-Cause Notice, worker's reply, attendance register, leave register during the enquiry. Ensure that all these evidence come in the domestic enquiry report. if worker is present in the enquiry then take his signature on the enquiry report.

Once the enquiry is concluded then issue the enquiry officer report with show-cause notice to the worker asking him to file any cause why the action cannot be taken against him. Ask him to reply with in 48 hours from the receipt of the letter. If he is absent then sent the same through Regd. A.D.

If you do not get the reply from the worker after the stipulated time then issue the termination letter to him. Please note that the person who sign the termination letter for the management, must the same designation or the above who sign his appointment letter.

Regards,

Avinash K.
27th November 2012 From India, Mumbai
Dear All,
I have herewith attached second letter dated-21/11/12 copy which I had dispatched him to his permanent & temporary address via Reg.Post after that till date I am not getting UN-delivered copy of same .
Please check attached second letter after that suggest, what can I sent him on priority domestic enquiry letter or Charge sheet .
Waiting for your reply …
Regards,
Vishal
27th November 2012 From India, Haldwani

Attached Files
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Hi Vishal,
The contents of the letter are alright. but I think you need to change the last para of the letter as follows
"You are therefore directed to report on duty with satisfactory written explaination within 48 hours from the receipt of this letter failing which appropriate disciplinary action will be taken against you.",
Please don't use "Yours faithfully" as you are directing him to give satisfactory written explaination.
Wait for 4-5 days or untill you receives Regd. A.D. receipt, if you don't received any thing then proceed ahead with Charge Sheet for Domestic Enquiry.
Regards,
Avinash K.
28th November 2012 From India, Mumbai
Dear Senior ,
Kindly suggest in this case ,what suitable punishment as order of punishment , we will provide them after domestic enquiry . In previous year & this year employee was on unauthorized more than 10 days three times & some times less than 10 days, same employee also from Union so he have no fear .
when I search attached Model standing order for punishment I didn’t find the same. punishment.
Please suggest & advice for the same.
Waiting for your positive reply…….
Regards,
Vishal
1st December 2012 From India, Haldwani

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File Type: doc Model standing order].doc (79.0 KB, 702 views)

Hi Vishal,
The soft copy of the Industrial Employment (Standing Orders) Act, 1946 is not complete. Please buy Bare Act Book from nearest law book stall. There you can easily find the elaborate Miscounduct and very next is the standing orders which specify the punishment for these misconducts.
Regards,
Avinash K.book
3rd December 2012 From India, Mumbai
Dear All,
Can you help me by providing soft copy of Karnataka Industrial Employment (Model Standing Orders) Rules, Schedule-1, applicable to non ministerial staff. (want to refer misconducts).
Regds,
Roshan B.L
7th November 2017
INDUSTRIAL STANDING ORDER (1946)
Dear Friends,
This query is about the Industrial Standing Orders (1946). As regards to TERMINATION OF EMPLOYMENT, the Model Standing Order says - (1) For terminating employment of a permanent workmen, notice in writing shall be given either by the employer or the workmen - one month’s notice in the case of monthly-rated workmen and two weeks’ notice in the case of other workmen: one month’s or two week’s pay, as the case may be, may be paid in lieu of notice.
(2) No temporary workman whether monthly-rated, weekly-rated or piece-rated and no probationer or badli shall be entitled to any notice or pay in lieu thereof if his services are terminated ,but the services of a temporary workman shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges of misconduct alleged against him in the manner prescribed in Paragraph 14.
Can this be implemented? Or is there any amendment to this rule? Can somebody throw light on this with examples/justifications.
- Srinaren
15th October 2018 From India, Bangalore
Dear member,
can you explain about strike & lock-out in standing orders, also send me draft copy of Standing order for tamilnadu.

thanks & regards
N.Suresh
12th July 2019 From India, Bangalore
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