Can We Terminate or Rehire a Worker Who's Been Absent for 4 Months Without Explanation?

sachinaute@yahoo.com
Hi all seniors, I want to know if, in our company, a worker has been absent for the last 4 months and has now returned, expressing a desire to rejoin work. We have issued show-cause notices to him from time to time, but he has yet to provide any explanation. Can we terminate him? Alternatively, if necessary, can we rehire him as a permanent worker? Please reply soon.
vikash1017
No need to continue with those workers who have a habit of indiscipline. Discipline is necessary for an amicable working condition. However, as you mentioned, you have issued show-cause notices to him from time to time. Have you received any reply from him regarding your show-cause notice? If not, immediately issue a suspension letter to him and fix an inquiry date. The committee should include one management representative, one suspended employee representative, and one independent authority (who is not part of management or the workforce).

Points to Consider Before Setting an Inquiry

1. Ensure you gather all data, documents, and records (from his joining date to his last day of work, including his absenteeism data for the last 4 months).

2. Analyze all his activities during work (whether he consistently breached company standing orders or not).

3. Compile all show-cause notices you have previously issued to him.

4. Check if he has received any warnings or show-cause notices from management before.

5. Verify if there have been any complaints against him.

These points are crucial in the inquiry process. Prepare a file, organize all the details mentioned above, and commence the inquiry. Before making any decisions, provide him with a fair opportunity to present his side. Do not make a decision at the inquiry table. Once the inquiry is completed, allow him time to respond and inform the local inspecting authority of the labor department.

Regards
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