Umakanthan53
Labour Law & Hr Consultant
Vmlakshminarayanan
Sr.manager - Hr&admin
Yesurajaa
Hr Manager

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A senior manager has abstained from duty from 17th July 2019 till date. There is no information to us. Please guide us whether we can terminate his services with immediate effect stating the unathorized absence.
Please let us know the process.
Our company is registered under shops and establishment in Karnataka Govt.
Thank you.
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Hi Yesuraja,
Please follow the disciplinary process.
First try to reach him through phone. If you were not able to succeed refer his file and try to reach through his emergency contact.
If you were not able to reach him through phone then send a warning letter to his permanent and temporary address advising him to report to work and give him reasonable time frame. Send the letter through Registered Post with Acknowledgement due.
Even after receipt of warning letter if he fail to report to work send a second warning and then you may proceed with termination. Always follow disciplinary process and provide ample opportunity to the employee to report back.
Matter of 6 days absence may not be a reason for termination. After ten days of absence you send a letter asking him to report to duty giving one weeks time. If he fails then you can take disciplinary action against him.
Thank you Mr Lakshminarayanan for your valuable response.
What happens if the company has not issued him/her the appointment letter.
The particular employee was working less than a year.
Kumaracme,
Thank you for the response.
Hi,
Even if the employee worked for less than a year there should be some reference for the employment. Either a contract letter or appointment letter should be there. In case if you leave the matter unattended without any action in future there are chances the absconded employee go for legal remedy for want of dues, settlement in such case you may not have any evidence that employee left without information.
Dear Yesurajaa,
Any breach of the contract of employment by the employee which assumes the character of a misconduct subjects him to a due process of disciplinary action that would result in any punishment including his dismissal. Even the Model Standing Orders no.13(4)(e) enumerates that habitual absence without leave or absence without leave for more than 10 days as a misconduct on the part of an employee. That's why Mr.Lahshminnarayanan elaborated the spade work and the process of disciplinary action to be taken and Mr.Kumaracme warned against the proposed punishment of dismissal for mere 6 days of absence. Now, it is for you to follow the procedure and decide the matter on merits.
Such being the position, I understand why you are connecting the issue of unauthorised absence to non-issue of appointment orders and the incumbent's less than one year of service in the organization.
So far as I know, no labor law other than the Sales Promotion Employees ( Conditions of Service ) Act,1976 (Se.5) and the Karnataka Shops and Commercial Establishments Act,1961 (Sec.6A) prescribes the issuance of appointment orders mandatory. In my opinion that can not be an issue in the matter of disciplinary action after following the due process. That apart certainly a senior manager employed in an establishment under the Act would be an exempted person by virtue of his position of managerial cadre as per Sec.3(1)(h).
Besides, the length of service of a delinquent employee has no direct bearing on the nature of punishment awarded to him for a proven misconduct.
The employee being a senior manager adds to the gravity of the situation and calls for stern action from the side of the employer.
Being very observant of the principles of Natural Justice and decisive in the award of appropriate punishment commensurate with the gravity of misconduct are the essential qualities of a manager.
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