Spl Educators Posh Programs
Venkata Vamsi Krishna Patnaik
Officer (p & Ir)
Long back the Apex has held the loss of lein is not the right way to dispose of any employee. For disciplinary actions follow the procedure as per your standing orders. Serve show cause notice, call for explanation, if it is not satisfactory conduct impartial enquiry. The quantum of punishment should be in proportions to quantum of miscoduct. Past records is also very important.
2nd April 2018 From United States, Cambridge
3rd April 2018 From India, Mumbai
3rd April 2018 From India, Chennai
Kindly note that any employee is bound by either Standing orders or Model standing orders whichever is applicable as yours is a manufacturing industry.
As suggested by seniors here you need to give a show cause notice on his absenteeism,which can be sent directly to his postal address while he is not coming without intimation.
You can act on the employee after reply is received on the Show cause.
Build up records up to three times for final decision if the employee is chronically absent in duties.
As suggested by Mr.Rajan here Unauthorized absenteeism can be come authorized in only exceptional cases when the con-donation of absence is done by HOD on genuine cases. But that should be informed to HR by following all due processes.
3rd April 2018 From India, Hyderabad
Assuming that your establishment is covered by the I.E .Standing Orders Act, and if you read it carefully, it provides for list of misconducts and disciplinary action as well as punishments governing absenteeism.
You seem to have quoted wrongly the provisions relating to losing lien on the job.
You have stated that the workman is entitled for disciplinary proceedings after losing lien on the job because of his failure to return within 8 days.
There is no such provision for disciplinary proceedings in the Model Standing Orders. After worker has lost lien on the job.
( Unless your state rules provide for it) What is provided that if workman fails to return to work within 8days after the expiry of PL sanctioned or extended as well as to give satisfactory explanation, then he will lose his lien on the job and in that event his name has to be put in Badli register.
4th April 2018 From India, Mumbai
Unauthorised Absence from Duty shall be counted from the Date of Unauthorised Absense on the expiry of Approved Leave Period of Absence with or withoit Pay
i.e the Date form which s/he started Absenting without Prior and Proper Sanction / Permission or Grant or Pre-Approved Leave of Absense with or without Pay. Following Action-Steps are Expedient:
1. Issue a Proper Charge-Sheet or Explanantion Letter, by Registerd Post AD, mentioning the Date from which s/he is Unauthorizedly Absentiong and informing him/her that his/her Unauthorized Absense from Duty constitute an Act of Misconduct for which s/he is liable to Disciplinary Action and asking her/him to submit his/her Explanation/Reply within Three WorkingDays from the Date of Recipt of the said Charge-sheet as to why Disciplinary Action should not be taken for the said Act of Misconduct alleged against him/her; and
2. On receipt of his/her Explanantion/Reply, consider the Explanantion Submitted and in case the same is Found Unsatisfactory, arrange to issue a Proper Written Office Order informing him/her that an Inquiry has been ordered and an Inquiry Officer Or an Inquiry Committee has been appointed to inquire into the alleged Act of Misconduct in accordance with the Principled of Natural Justice and that s/he should attend the Inquiry Proceedings to defend his/her Action.
3. Appoint a Management Representative to present Management's Case before the Inquiry Officer/Committee; and
4. On completion of the Inquiry Proceedings and receipt of Inquiry Report with Findings, an appropriateDisciplinary Action may be initiated namely Issuing
the Proposed Punishment Letter etc.
For Further Clarification and or Assistance our Competent Team Experts on Domestic Inquiry / Internal Inquiry are Available:
Kritarth Consulting Pvt Ltd,
4th April 2018 From India, Delhi