Unauthorized Absence: Can We Terminate an Employee and What Are the Legal Steps?

Unauthorized Absence and Termination Procedures

Unauthorized absence may lead to dismissal. One of our employees has a habit of being absent without obtaining prior leave approval. Can we terminate his employment? If so, what is the procedure for doing so?

Court Interference and Legal Steps

If the Courts interfere with the punishment of dismissal (under section 11-A of the Industrial Disputes Act), what steps should we take?

Regards

Issue him a memo stating his unauthorized absenteeism. Warn him. If there is no change, issue a second memo stating the reasons. Then issue him a show cause notice. Allow him to explain, but if there is still no change, then terminate him, stating the reasons. If he is your permanent employee, you have to conduct a domestic inquiry. Refer to the standing orders of the company. If you are able to justify the termination through proper records, then you need not worry.

Regards,
Rajeev Dixit

It is not an easy job to terminate an employee for habitual absenteeism. You have to look at various aspects of the law. How many days has he been absent? What about his past records? Have you conducted any inquiry about his absenteeism and initiated any disciplinary action?

Now, you send a call letter asking him to report for duty immediately; otherwise, disciplinary action will be initiated. Like that, you start sending one letter after another. Prepare a Show Cause Notice cum charge sheet detailing the absenteeism. Conduct an impartial inquiry and, based on the findings of the inquiry officer and after analyzing the past records, initiate appropriate action. Do not come to the conclusion that management can terminate the employee as he is found guilty. The courts view differently under Sec. 11/A of the ID ACT. If he has been absent continuously for more than six months in a year, you can initiate serious disciplinary action.

Hope this will give a bird's eye view of the disciplinary procedure before initiating any action on an erring employee.

Regards,
G.K. Manjunath Sr. Manager-HR

In addition to this, the employee has been absent for 10 days and has now joined another company. What action should we take from our end?

Regards,
Karthik

If that employee has joined another organization and you have sufficient documentary evidence of his joining the other company, write a letter to that employee. State that your management would inform his current employer about his absenteeism without complying with the formalities of submitting a resignation letter and joining that company. Also, mention that if his present employer becomes aware of this, his employment could be in jeopardy. Ask him to submit his resignation and comply with all legal formalities on your end.

Regards,
G.K. Manjunath
Sr. Manager-HR