Unauthorized Absence: Is It Fair to Issue a Late Charge Sheet and What If It's Refused?

Hi,

In our company, we have framed a charge sheet for an employee due to his unauthorized absence from duty in the month of July '08. When we issued it, he refused to accept it and questioned why it was issued so late. My question is whether this action is justified or not. If he denies accepting the letter, what is the next procedure? Kindly suggest.

Mantu

He cannot question the date of issuance of the charge sheet. It is up to the employer when he should issue the charge sheet.

If he refuses to accept the charge sheet, you may send it to his residential address by Registered Post and collect the acknowledgment. If he does not turn up within the specified time, you can send another letter, initiating a domestic enquiry and proceed with disciplinary action against him.

Regards, Madhu.T.K

If the employee is attending now, the charge sheet should be offered again in the presence of two witnesses. If refused, the refusal should be recorded in the presence of the witnesses and their signatures should be obtained on the original charge sheet. Subsequently, also issue a fresh charge sheet for 'Refusal of Management Communication,' which is misconduct as per Standing Orders. Conduct a domestic enquiry by giving proper notice of the enquiry, following the principles of natural justice, and examining the witnesses to establish 'refusal charges.'

Dear,

If you are going to impose minor penalties, you need not issue a Charge Sheet; you can just issue a memo seeking his explanation and close by imposing a minor penalty if you find his explanation not satisfactory.

With Regards,
V. Sounder Rajan

E-mail: rajanassociates@eth.net