Umakanthan53
Labour Law & Hr Consultant
Sakthi Sukumar
Sr. Officer Hr & Ir
Chaitra.P
Painting
+2 Others

Thread Started by #chaitra.P

Dear Sir,
We have a employee who is habitual absent. we had given warning letter related to same twice already. Again he is on unauthorized leave from past one week. Can we suspend with for a week directly by sending suspension notice to his address? or should we give him a show cause notice before it.
Can you please guide me.
Thanking you
Chaitra
25th August 2014 From India, Bangalore
Dear Chaitra,
I think you want to place the employee under suspension as a measure of punishment since on earlier two ocassions you warned him for similar unauthorised absence. Sorry, you can't do it straight away like this. You have to (1) frame charges and serve it on him (2) if the reply if any submitted is not satisfactory or no reply is received, you have to order for a domestic enquiry by appointng an Enqury Officer (3) consider the E.O's report after the enquiry, propose the punishment to be awarded and issue the delinquent a show-cause notice (4) after considering the reply if any received or no reply, award the punishment of suspension for the maximum no. of days mentioned in your Standing Orders.
27th August 2014 From India, Salem
Its based on the severity of the case we can give direct suspension with SCN or 1st suspension we can issue then SCN and followed by DE by external officer to give bitter punishment based on our SO. Since ur case is Absenteeism is not think so sever. Then you can go with SCN or Charge sheet then get reply after that u can issue suspension there is no need to conduct DE since you have proof / evidence of misconduct on delinquent employee and moverover u can issue suspension without pay with upto 30 days. FYI.
Sakthi Suku
28th August 2014 From India, Mumbai
Dear Chaitra,

Firstly, let me know whether certified Standing orders are in force in your organisation?, if not what are the provisions contained in the service rules of your organisation wrt unauthorised absence from duty.

In case of applicability of the CSO, please write a letter to him mentioning his unauthorised absence from duty from a particular date, requiring him to report for duty within (4-7) days, as deemed fit,mentioning " failing which it will be deemed that you are no longer interested to serve the company and your name shall be struck off the rolls of the company. Please send a copy (per regd/speed post) on his known permanent address, send the original letter per regd/speed post on his present address, display a copy on the notice board and send a copy to the department concerned directing them to report as soon as the employee reports to them. On the expiry of the period( (4-7) days please obtain a written report from the department about the reporting or otherwise of the employee concerned and on that basis please send him a letter (per regd/speed post) quoting the earlier letter and informing him that his name has been struck off the rolls of the company in terms of the CSO--. Copies of this letter have also be sent to all concerned in the manner indicated above.

In case the CSO is not applicable in your organisation, please follow the rules/procedure laid down for the purpose.

Thanks and regards

S.K.Johri
28th August 2014 From India, Delhi
Dear friends,

Like I said in my earlier reply, the questioner wants to place the delinquent under suspension for a week straight away as a measure of punishment for his continued misconduct of unauthorized absence pursuant to the earlier warnings. My reply was that she could not do it straight away just on the basis of earlier warnings and without observing the conventional rules of disciplinary proceedings.

Mr.Sakthi Sukumar reiterated it in the second part of his answer. However, I differ with the first part of his answer suggesting immediate suspension pending D.P. What is the use of placing an absentee under suspension for the sake of D.P and pay him subsistence allowance?

Coming to Mr.Johri's reply, my reponse is that striking-off the names of employees from the rolls will be retrenchment as per the ratio-decidendi of the judgment in D.C.M.G.Mills Ltd V. Shambunath Mukherjee [ AIR 1978 S.C. 8 ]. So, the employer has no choice other than initiating a proper D.P. though such a clause providing for striking-off name from the rolls for unauthorized absence is available in the C.S.O.
28th August 2014 From India, Salem
Dear Sirs, we have sent two notices, but still he failed to report to us. So what action we can initiate next? Regards Chaitra
12th September 2014 From India, Bangalore
Dear Chaitra P
1. Send him R P A D notice calling explanation for un-authorized leave
2. If he has not replied your notice, next step is to send charge-sheet & Notice of enquiry by RPAD
3. Conduct the legal & fair enquiry obtain enquiry report.
After completion of these steps you can suspend him as punishment or decide the quantum of punishment, which should be in proportion to the gravity of misconduct
Suspension as punishment is serious punishment ( Second last) which requires to complete the above steps.
Regards
S D Patil
12th September 2014 From India, Kolhapur
Dear Patil Sir,
We have sent two show cause notices, 1 he has received 2nd one is not delivered due to he is not available(that is not post man said).
How to conduct legal enquiry without that employee. Can we send suspension order after he received the 2nd notice and not found any favorable reply to it.
Want to know what is the final call can be taken, cant we remove him as voluntary abandonment of service as per our standing order.
Regards
Chaitra
16th September 2014 From India, Bangalore
Sorry, please read as "that is what is post man said" instead of "that is not post man said". Regards Chaitra
16th September 2014 From India, Bangalore
Dear Chaitra P
1. Prepare a charge sheet for absenteeism & send by RPAD to known address.
2. After receipt of charge sheet ( or undelivered charge sheet) send notice of enquiry stating therein that the enquiry will be started & completed ex-parte if he fails to attend.
3. Obtain enquiry report from enquiry officer & send it to employee calling his explanation ( second show cause)
4. Suspend/Terminate his services
5. Absenteeism is serious misconduct but before awarding major punishment employer has to complete the above.
5. Even in case of "Left & abandonment "of services- Employer has to complete above steps. If employer do not do the above & award the major punishment of termination, then employer will have to face legal complications
Regards
S D Patil
17th September 2014 From India, Kolhapur
Dear Sirs, Can you suggest on the above query please. Regards Chaitra
17th September 2014 From India, Bangalore
Dear Chaitra P
1. Prepare a charge sheet for absenteeism (appoint suitable lawyer as Enquiry officer) & send by RPAD to known address.
2. After receipt of charge sheet ( or undelivered charge sheet) send notice of enquiry. If for the first date he remain absent, send the enquiry proceeding to him. Second time also send the proceedings with note that if he remain absent for enquiry proceeding the enquiry will be started & completed ex-parte.
3. Complete the ex-parte enquiry
3. Obtain enquiry report from enquiry officer & send it to employee calling his explanation ( second show cause)
4. After following these steps you can Terminate his services
5. Absenteeism is serious misconduct but before awarding major punishment employer has to complete the above.
5. Even in case of "Left & abandonment "of services- Employer has to prove that he has given ample opportunities to explain before awarding the extreme punishment like termination.
Regards
S D Patil
5th October 2014 From India, Kolhapur
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