High Absenteeism: What Are the Legal Steps for Terminating an Employee?

Statutory Guidelines for Terminating an Employee with High Absenteeism

Kindly tell me what the statutory guidelines are that we must follow while terminating an employee with a high rate of absenteeism.

Regards

Absenteeism is one of the misconducts under the standing order act. However, the nature of this misconduct is not that severe, meaning it's not threatening to the company or any individual physically. Yes, I do agree that it adds loss to the company, but always remember not to terminate the employee directly.

At least conduct two to three domestic inquiries before termination. Give the employee a chance to improve under the natural justice act. All documentary evidence is crucial; all provided show cause notices, warnings, suspensions, and his apologies should be kept in his personal file. Have a proper and fair inquiry, then only proceed with termination.

Regards, Arun J.

You have not revealed the character of your establishment—whether it is a factory or a commercial establishment. It is observed from your post that the employee concerned is a habitual absentee. You cannot terminate an employee for absenteeism by a stroke of a pen since such termination casts a stigma on his conduct and may be termed as punitive and unlikely to be sustained in a court of law. Therefore, you need to follow the principles of natural justice.

Steps to Follow the Principles of Natural Justice

1. Issue him a charge sheet, inviting his explanation.

2. If his explanation is not satisfactory, conduct an inquiry into his absenteeism.

3. If he is found guilty, pass an appropriate penalty.

4. Whether you can pass the penalty of dismissal depends upon various factors like his past record of disciplinary actions taken for absenteeism, the repetitive conduct, the length of absenteeism, his conduct during absenteeism, and any other adverse circumstance.

5. It is not appropriate to terminate the services of an employee for a week's or fortnight's absence or when his past record is unblemished (no record of his bad conduct is created) or the disciplinary action is taken for the first time.

Regards,
B. Saikumar
Mumbai