Labour Law & Hr Consultant
Hr Manager
+1 Other

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Dear all, As we all say that an employee whose services have been confirmed shall not be terminated without three warning letters. Can someone pls tell what shall be the frequency of sending these letters? Are there any laid down labor laws / rules or it is a thumb rule?

There is no thumb rule regarding frequency of sending warning letters.
For first offence(unauthorised absenteeism) you may issue a caution memo. If the
offence is repeated, then you issue a warning letter. For the 3rd offence,
you can initiate strict disciplinary procedure like issuing SCN or Charge sheet .

Dear Rakesh,
Disciplining misconduct in employment is a process that ends up in punishment or exoneration of the delinquent. In between, warning is also a step in the disciplinary process taking into account of the mitigating circumstances such as career history of the delinquent, nature of the misconduct alleged and its effects, the possibility of proving beyond doubt and the like. Therefore, no one can pinpoint the reason for warning in disciplinary matters. You have to follow the principles underlying the saying - "To err is human, To forgive is divine, But to persist on is rather unwise ".

What is your policy in regard to absenteeism? Do your establishment got certified standing orders? What has laid down on standing order for long absent, frequent absent and absenteeism, as well conditions lead to termination.
In absence of the above instrument, you call for explanation and warning letter to employee habitual absentee, the further occurrence would lead to termination.

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