Maximum Punishment For Absenteeism

Dear all, i just want to know that what should be the maximum punishment shold be give to a worker on account of absenteeism? dismmisal or discharge??? reply urgent. regards gaurav

dear your question is not clear.punishment should be proportionate with misconduct. how many days absent.you can not dismiss some for one day absence. tks j s malik

For habitual absenteeism discharge shall be the maximum punishment. Dismissal shall be given only in rare occasions where gross misconduct like immoral act or gross negligence resulting in heavy loss of property and human lives, etc is proved. Regards, Madhu.T.K

Request some more info on the difference between Discharge and dismissal… Legal / procedural / financial implication wise

Dear Gaurav, Actually you have not presented situation properly. But what I can guess thru your statement is you have Questioned that candidate for his absence and he have argued against you. Am I right...? See first we are from HR and we should avoid this type of incidents. If he / she is absent or crossed the rule of presence which is mentioned is policy, than take action according to your policy. But sometimes our policy itself is hurdle for that. You can not dismiss anybody for absence. But if the action mentioned in appointment letter or in policy, like 7 days uninformed leave will be considered as you are not interested to work with company. So this kind of points can support us to take action. But my suggestion is try to understand the situation he is taking leave. than take action. So friends would like suggestion if my statement sounds wrong.

The basic difference between "Discharge" and " Dismissal" is that the former allows a kind of sympathy whereas the latter gives no leniency. In the case of discharge, full and final settlement will be made and gratuity, if eligible for, will also be given. Similarly, the person discharged from service will get EPF accumulations also. The term discharge is simultaneously used for termination of employment due to reasons other than misconduct. Dismissal, on the other hand, is made when no kindness is required to be shown. A dismissed employee will not get unpaid salary, gratuity, PF etc. and there is ultimately no final settlement. Therefore, dismissal is granted only when the misconduct is that much severe as mentioned in my earlier posting. Normally, the gravity of loss to the company will be less for misconduct of absenteeism but if any employee manhandles other(s) and causes financial loss to the company, or if an employee is proved of having behaved immorally, the matter will lead to dismissal. Sometimes, an order of dismissal may be converted in to an order of discharge also with the intervention of Trade Unions or after accepting apology from the concerned employee. That is practical way of revising an order. Regards, Madhu.T.K

Hi Madhu, very informative discussion, however seek a clarification on your quote above... Is it possible to withhold PF of an Employee who is being "Dismissed"? I thot PF was untouchable whatever the case may be...

Dear We must understand the word 'Habitual" . If a person is habitual in abstaining from duty, you can punish the person according to the Model Standing ordrs / Certified Standing order (in case of workman) and those who does not comes under the purview of Industrial Disputes Act, 1947, you should only mention that as per terms of letter of appointment your services stands terminted (if notice is there give the notice period before terminating or salary in lieu thereof). This will avoid legal complications . There is no rule that if a person is habitual absentee, he can't be dismissed. But one thing keep in mind for workman, you have to issue chargesheet/hold enquiry and after getting the finding reports you can dismiss/discharge the person as per the provisions of the certified standing orders of the company or model standing orders of the state, whichever is applicable ak malhotra

Hi... Thanks for your sugetions on dismis and discharge, I have the doubt that, On termination of employee from job or service, employee is getting salary benefits( all allowances and deductions which are deducted from salary) or not. pl confirm soon. Lingaraju [Login to view]

Please i need help.. My job was terminated due to unauthosized absence after 10 + years of contineous service without any remark.Will any company consider my candidature when i attends HR interview and what will be the success ratio??.If any one knows any precednce that terminated person got new employment please share the same with me so that my moral and self confidence will increase.