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Dear All,
Please help me solve of one of serious of my company\'s employee is going on leave for minor fracture in his hand and his is not give us proper information about when he can join the company.sometimes he told us that he can join us by particular date and when that particular date is coming ,he is not coming to join us for that we try to call him to find out a reason for not join but in this time he is not pick up up call of any of the comapany memeber and now he is suddenly came to the office and he told us that he can join us by that date and now he is medically our problem is that what the punishment procedure we can follow him about his mis conduct beheaviour

Dear Friend
If he is used to absent himself from duty habitually then you must issue show cause asking his explanation.
If his explanation is not up to your satisfaction then raise a warning letter or suspend him for one day which I think more that sufficient.
Arun J.

Hi Arjun,
in this case the problem his is that he is doing this thing(absent without prior information) some times before and we already give him two warning letters for that but its not effective.
so can you please suggest me other way of punishment.

Dear sir,
If the employee is absconding even after receiving two warning letters then he is an habitual absentee. Organize a domestic enquiry, if he attends complete the proceedings, issue punishment, if absent for the enquiry also then complete ex-parte enquiry issue second show cause, terminate.
As he has taken leave for the reason of injury hence to be bit flexible wrt the punishment. First of all call him, explain the consequences and ask him to submit an apology letter, issue warning letter and allow him for duty. If not then initiate domestic enquiry process and clear.
Thanks and regards - kamesh

If it is habitual absenteeism case then Kamesh is given right suggestion.
But take care you must conduct fair enquiry under natural justice Act. do not terminate the employee in single enquiry it may revert back by the court.
have two to three enquiry then terminate court will see the opportunities that you have given to employee.
Arun J.

-From how many days he is working with you

-from how many days he is on leave

-have you tried to speak with his immediate supervisor/reporting manager/Boss about his leave

-for what position/role he is working with your company

-hope there is nothing like project or work been assigned to him and you are suffering because of his absent; that is forcing you to take such actions,

if yes please share about it

Well, with a simple absconding case and as you have already sent two warning latter to him which are enough to inquire the reason of his such act (hope you have sent it by registered post), he must not be tolerated and need to be terminated Immediately by referring the violation of employment rule (and hope you have added the applicable clause in employment/appointment letter) stating that you (Employer) not required his service anymore which will save your time and efforts too.

In “Termination letter” it must be clearly stated that his services being terminated with immediate effect as he has failed to report back to office and respond to the issued warning letters. And with that procedure there should be time of atleast 3 months to proceed but All the applicable statutory and employee entitlements shall be paid as per the procedure.

This will allow you to stop his F&F for a period and this automatically is a punishment (with such specific case only) to him because of his future requirements of service/experience and clearance letter by you.

“Employer must not bear this kind of unprofessional behavior by any employee but before taking action need to take the aforesaid corrective and required steps”

"Instead of talking about Punishment, need to take wise action being professional”

Hi Awzpact,
I would stand by Anil. He has not responded to the calls and he was long absent from his work. Who knows, there are chances that this employee would have joined another company and still does not want to reveal, because of salary getting credited. What is your organization into? How did you manage the productivity issue. Also is your company dependent on this particular employee. If not, there should have been an action taken long back, considering the case as NCNS.

Hi Anil,
As you Ask about these question first of i want to share all the answers about your questions He is working with since feb 2013 as an Jr.web developer position,and from last 1 month he is on leave bcoz of fracture in his hand(as he told us).
i'll tried to speak with his immediate superior but he has same information which i have.
and our major problem is that we are in IT sector and one of our major project we assigned to him and all the information about project he know very well.and he know about the project importance as we well.

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