Dear Vikram,
As of now give a very simple notice of absence. Let us not get deep into this. The rough draft could be as below:
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Date: -
To,
Mr _______ (name of the employee)
Employee No _____
_________ (address of the employee)
Absence from Duties
1. Your attendance records show that you have not reported for your duties from _____ (date). We have not received any communication from you on your absence. Neither you had applied for leave before absenting yourself from the duties.
2. Your absence from duties is unauthorised and it has been viewed seriously. You are hereby directed to report for your duties immediately. If you fail to report even after receipt of this letter, severe disciplinary action will be initiated against you.
_________ (name of the signatory)
_________ (designation of the signatory)
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Send the above letter by Registered Post A/d. While issuing letters for disciplinary grounds, make a note that your language needs to be assertive and you need to have right punch also. Status of the employee i.e. whether he is senior or junior that does not matter.
If the employee reports then well and good. Issue him show cause notice and ask his explanation. If the explanation is satisfactory then let him resume his duties. If the explanation is not satisfactory then you can terminate the services of the employee.
If the employee does not respond or does not accept the registered letter, then send the second letter. In this letter give reference of the first letter and quote conditions of employment with respect to unauthorised absence.
If the employee still does not respond or this letter is also bounced then order for the domestic enquiry. Send the third letter for deposing before the enquiry.
Based on the findings of the Enquiry Officer, management can terminate the employee. Make a note that enquiry office can only enquire and establish the culpability and he/she does not have authority to recommend punishment of any kind.
Send the termination letter to the employee by registered post.
Now this is the legally sound procedure for termination. How much you wish to follow is up to you. But make a note that if you follow all this you will not have worry on any count. Even if the delinquent employee knocks the doors of labour office or labour court, you will have enough evidence of following principles of natural justice. Labour courts have never interfered in the affairs of the company if the principles of natural justice were followed.
In case if the employee is in possession of some items that company has given to him then you can mention that also in the first letter. If the value of the items is too high then you may lodge even police complaint. However, before going to police make sure that you have adequate evidence that delinquent employee had taken those items on loan from the company and he did not return them.
Can you lodge a police complaint for not abiding with the provisions of the appointment letter issued to him? This is a little ticklish issue and I recommend you taking opinion of the lawyer. However, if you do that it will serve the message to all other employees that what management is up to and it does not develop cold feet while dealing with truant employees.
Ok...
Dinesh V Divekar
Beware of false knowledge; it is more dangerous than ignorance.