Long absent termination procedure step by step - leave for past three years more than 150 days for each year - CiteHR
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One person working company role . He take leave for past three years more than 150 days for each year. Warned several time. Due to family situation, His family members requested mgt . Management also accept he join duty. Final warning time his wife and mother giving letter, But he again take leave 31st march to till now. So management asking termination flow chart.
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In business situation management cannot countenance to such favoritism to one person. This concession will be quoted by another person in need, on a later date.
Hope that the so called person is a workman under Industrial Disputes Act. Having given a several warning letter on several occasion, it is high time issue a show cause notice and after getting his reply, hold a domestic enquiry. Even if the worker admits the misconduct, adduce evidence and pass a final order for dismissal.
Keep the final order in hold, inform the worker of the decision of the finding and the proposed punishment dismissal across the table. The Management can consider giving an option, of signing a settlement, considering all extenuating circumstances, sign a settlement with the worker directly under section 18(1) of the I D Act.
The clause of the settlement should be very clear, that ‘even though the charges have been proved and considering his past history management is left with no option to consider the maximum punishment of Dismissal.
However considering the apology and request from the workmen that any repetition of similar misconduct on any one accession within 6 months, from the day, would end in termination of his service without any notice ( Get the apology letter and also agreeing to the condition that termination of service would be re imposed on him of any one absenteeism / absence from work. )
Copy of the Settlement 18(1) signed between the Management and one workman, to be given to workmen with acknowledgement. Copy of which is to be forwarded to the conciliation officer.
Based on this apology, and having agreed in a settlement, issue a letter to the workmen that “ based on the findings and past history Management fully justified in awarding the maximum punishment of dismissal, However considering his request and on the condition agreed in the settlement dated, the punishment of dismissal is proposed to be imposed now is kept in abeyance for six months from now on, on a clear understanding agreed between the parties, will be re imposed on him on any one day absence on the part of workmen within six months time. Mention management reserves the right of re imposing the present punishment of dismissal on a later date of any one day absence.
On any one day absence on a later date, re impose the punishment of dismissal by a simple letter.
Issue charge sheet and after getting explanation from the employee, conduct domestic enquiry and after calling for his reply on the proposed punishment of dismissal, you may terminate his services. Pl always treat the absence of the employee over and above his eligible leave, either ' authorised absence (if the absence is genuine) and ' unauthorised absence ' (if the absence is not genuine). You may take disciplinary action for " unauthorised absence " and not for " leave".
N Nataraajhan, Sakthi Management Services (Hp : + 91 94835 17402 ; E-mail : )
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