Umakanthan53
Labour Law & Hr Consultant
Kritarth Consulting
Spl Educators Posh Programs & Hr D &
Nathrao
Insolvency N Gst Professional
Kumarjitendra@1234
Executive Hr

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Dear Senior's,
I would like to know that an employee was absent for 5 days without any information. What should be take action on that?
Regards
Jitendra Kumar
HR executive
Mob 8433460719
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For Unauthorised Absence from Duty ( without prior permission, either written or verbal and or Any Information whatsoever), on the part of an Employee, Worker, Supervisor or Manager,
the Employer Must Initiate Necessary Disciplinary Action Steps including:--
1. Directing, in writing, the Absentee to Immediately Report for Duty and resume
Duty. The Letter to be Regd Posted to the Absenrtee at his/her Local & Home
Addresses recorded in Esta's Record;
2. Issuing a Proper Charge-Sheet, Show-Cause Notice, Explanantion Letter informing the Absentee that his/her Unuthorized Absense amounts to Misconduct as per the Certified Standing Orders OR the Service Rules applicable to him/her, as the case may be for which s/he is liable to Punishment as per the Orders/Rules;
3. Employer can i) Order an Inquiry into the Charges/Allegations leveled against the
Absentee; ii) Appoint an Inquiry Officcer OR an Inquiry Committee to enquire
into the Charges/Allegations and submit an Inquiry Report with definite and
Conclusive Findings; iii) On receipt of the Inquiry Report, the Employer/
Punishing Authority "to apply his/her mind" to the Findings and either Award
proportionate Punishment for proven Act's of Misconduct or condone as thecase
may be;
4. For Chronic Absentees cases , follow the same Procedure/Action-Steps.
But first, ensure your Establishment has its own Set of Certified StandingOrders framed under Industrial Employment( Standing Orders) Act 1946 or the Set of Codified Service Rules framed under Shops & Est Act & Rules, as applicable to your Esta.
For any further Query or Clarification, Kritarth Team of HR Practioners are Ready and Willing to HELP/ Assist/Guide.
Kritarth Team,
20 Feb 2019
First thing would be to get a written explanation as to reasons for absence.
Then follow it up with action as needed.
If he was sick and has medical proof, he can be counselled to follow basic rules of intimation to employer about reason for absence.
Hope your company has made leave rules,method of taking leave etc well known to all employees.
Deal with matter tactfully.
Sometime employees may not be fully aware and take hasty decisions.
Existing practice in the organisation also needs to be taken into account.
Dear Jitendra,
Absence of reporting for duty on the part of an employee is of two kinds - one is unauthorised absence i.e without sanction of leave,if any applied for and the other is abscondence i.e., remaining unauthorisedly absent and incommunicado. The second one requires some longer period of absence of the employee without any intimation coupled with the element of impossibility of any communication or contact by the employer.
Anyway both are misconducts punishable by the employer as well as disentitlement to service continuity.
Therefore, send a formal notice by registered post to the absentee's last known postal address asking him to report for duty immediately with an explanation for the unauthorised absence. If the notice could not be served or if the employee remains absent without any reply even after receipt of the notice, initiate formal disciplinary action.
Considerate approach may also be adopted by the management in this regard depending on the fact whether the employee is a habitual absentee or he was prevented by circumstances beyond his control like critical illness, accident etc.
Dear Jitendra
Action for unauthorized absence can be taken in accordance of Standing Orders or Leave rules of the company which ever is applicable.
Shailesh Parikh
99 98 97 10 65
Vadodara
You may take action as per provisions of the Standing orders applicable in your establishment.
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