How Long Should We Wait Before Sending a Legal Notice for Unnotified Employee Absence?

Legal Notice for Employee Absence

Can someone tell me, legally, when should we send a notice to an employee if they are absent from work without any prior intimation or leave application? I mean, if a person is absent from June 7, 2012, how many days should we wait before sending them a notice as per the act? Furthermore, after sending the notice, if the employee still does not return, what is the procedure for termination?

Regards,
Ronnie Francis

Notice to the last known address is sent to the absenting employee as per the terms mentioned in the appointment letter of the employee and Standing Orders. Please note that the latter overrides the former. You could have mentioned a few more details like the industry you work in and the state your company belongs to. If you don't have approved and certified standing orders, then follow the model standing orders of your state.

Ok...

Regards,
Dinesh V Divekar
Beware of false knowledge; it is more dangerous than ignorance.

Every organization will have two categories of employees:

Workmen under the Industrial Disputes Act

This will cover all workers and staff such as data entry operators, telephone operators, assistants, etc. These are the people who are governed by Standing Orders. If you have Certified Standing Orders, look at the provisions. Otherwise, look at the Model Standing Orders in Maharashtra.

Generally, if an employee does not come for two days without intimation, we must start the process by sending a communication to his address asking him to report for work immediately. Wait for three more days, then send one more communication. By this time, he should report for work or remain absent for more than 10 days. Send a detailed letter indicating that he has been absent from the date onwards and there has been no response from him. Ask him to report for work on or before a specified date. Mention that if he does not report, it will be deemed that he has no interest in the employment, and his name will be removed from the rolls. Wait until that date and send a communication removing him from the rolls if he does not report for work.

Management and Supervisory Staff

Management and supervisory staff are not covered by Standing Orders but are covered by general law in the absence of specific rules. The same procedure can be followed.

This method is suggested where the employee does not respond or report. If he reports, suitable disciplinary action can be initiated as per standing orders. In the case of supervisory or managerial staff, do not initiate disciplinary action, but inquire and decide whether he should continue in employment or not.

Regards,
T. Sivasankaran

You can issue a show-cause notice at the outset, through which you can provide the employee with a written statement. If there is no reply, you may proceed to issue a termination letter.

Thank you.

Procedure for Handling Unauthorized Absence

Please wait up to 10 days as there are no specific days of unauthorized absence mentioned in the appointment letter. After the 10-day period, send a letter instructing him to report for duties immediately. Please caution him that failure to comply will result in appropriate action being taken, as it is adversely affecting the work schedule in the office or factory.

Regards,
T. Bhaskar Reddy
Free-Lance HR Consultant
Hyderabad
[Phone Number Removed For Privacy Reasons]

As others said, first, you need to send a letter of intimation of absence. Please note that just by sending a letter and keeping a copy of the same, you can't terminate him/her.

You need to send a second and third letter through registered post with acknowledgment due - to the recent address as well as to the permanent address of the employee. There are chances you may receive the acknowledgment or may not.

Based on the time limits you have provided for the return reply - if you haven't received a response, you may take action for termination. There are different standards maintained in the industry - based on the receipt of acknowledgment.

If acknowledgment is received, you can send a termination letter with acknowledgment due. If it's not received - a little process is needed - you need to form a committee - and send it through them personally to the address and hand it over to him/her and take acknowledgment.

If not found - based on the committee report - you can file the termination letter for future use and close the file.

Regards