How Should We Handle an Employee Leaving Mid-Shift Without Returning? Seeking Advice

Hi Mary,

One of our associates worked a 12-hour shift from 7:00 pm to 7:00 am. He arrived at the company on time for his shift but left at 9:15 pm after obtaining a gate pass for dinner. Subsequently, he did not return to his duty and only came back in the morning when his shift was ending. He then clocked out and left for home.

We have issued a Show Cause Notice to him. In case he does not respond with an explanation within the prescribed time limit, what actions can the company take against him, especially considering we have a union for associates here? Please advise.

Awaiting your reply.

Thanks and Regards,
Mary

Abstaining from the workplace is a serious misconduct, for which you can take action against the employee. If you are certain that he had left the workplace and returned in the morning to punch in his time, you can prepare a charge sheet describing the charges and proceed with a domestic enquiry. Therefore, wait for an explanation in response to the show cause notice. If the explanation is not acceptable, send a notice stating that the explanation is inadequate and that he must face an enquiry.

One important thing to remember is that a 12-hour duty is against the law in India. Therefore, if the matter comes up for decision before any labor authorities, the first action they will likely take is to direct the employer to reduce the working hours or spread out the workload. Thus, it would be advisable to drop the matter by warning the employee for the time being.

Regards,
Madhu.T.K

Ya, I think Madhu is right. The maximum limit as per the Factory Act is 48 hours per week. So if your matter comes up before Labour Courts, you will end up in a problem. It's better to warn him and leave the matter here itself.

Regards,
Anand

What is your company's system followed for gate pass and who is the approval authority?

What is the system followed when a person is returning to work after their break?

I feel your system is weak in this case. Study and create a robust system to benefit both the employee and the employer - strive for a WIN/WIN solution.