Habitual Absenteeism: Should We Suspend or Issue a Show-Cause Notice First?

We have an employee who is habitually absent. We have already issued a warning letter regarding the same twice. Once again, he has been on unauthorized leave for the past week. Can we suspend him directly for a week by sending a suspension notice to his address, or should we first give him a show-cause notice?

Can you please provide guidance on this matter?

Thank you,

Chaitra

I think you want to place the employee under suspension as a measure of punishment since on earlier occasions you warned him for similar unauthorized absence. Sorry, you can't do it straight away like this. You have to:

1. Frame charges and serve them on him.
2. If the reply, if any, submitted is not satisfactory or no reply is received, you have to order a domestic inquiry by appointing an Inquiry Officer.
3. Consider the Inquiry Officer's report after the inquiry, propose the punishment to be awarded, and issue the delinquent a show-cause notice.
4. After considering the reply, if any, received or no reply, award the punishment of suspension for the maximum number of days mentioned in your Standing Orders.

Based on the severity of the case, we can give direct suspension with a Show Cause Notice (SCN). For the first suspension, we can issue a warning followed by an SCN and further disciplinary action by an external officer to impose a harsher punishment based on our Standard Operating Procedure (SOP).

Since your case of absenteeism is not deemed severe, you can proceed with either an SCN or a charge sheet. After receiving a response, you can then proceed with issuing a suspension; there is no need to conduct a disciplinary inquiry since you have proof/evidence of misconduct by the delinquent employee. Moreover, you can issue a suspension without pay for up to 30 days.

FYI.

Regards,
Sakthi Suku

Dear Chaitra,

Firstly, let me know whether certified Standing Orders (CSO) are in force in your organization. If not, what are the provisions contained in the service rules of your organization with respect to unauthorized absence from duty?

Procedure for Handling Unauthorized Absence

In case of the applicability of the CSO, please write a letter to him mentioning his unauthorized absence from duty from a particular date. Require him to report for duty within 4-7 days, as deemed fit, mentioning, "failing which it will be deemed that you are no longer interested in serving the company and your name shall be struck off the rolls of the company." Please send a copy (per registered/speed post) to his known permanent address, send the original letter per registered/speed post to his present address, display a copy on the notice board, and send a copy to the department concerned, directing them to report as soon as the employee reports to them.

On the expiry of the period (4-7 days), please obtain a written report from the department about the reporting or otherwise of the employee concerned. On that basis, please send him a letter (per registered/speed post) quoting the earlier letter and informing him that his name has been struck off the rolls of the company in terms of the CSO. Copies of this letter should also be sent to all concerned in the manner indicated above.

Alternative Procedure if CSO is Not Applicable

In case the CSO is not applicable in your organization, please follow the rules/procedure laid down for the purpose.

Thanks and regards,

S.K. Johri

We have an employee who is habitually absent. We have already issued a warning letter twice regarding the same issue. However, he is currently on unauthorized leave for the past week. Should we proceed with suspending him directly by sending a suspension notice to his address, or should we first issue a show cause notice? Can you please provide guidance on this matter?

Thanking you,

Chaitra

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Dear friends,

As mentioned in my previous response, the individual in question is seeking to suspend the employee for a week immediately as a disciplinary action for his ongoing unauthorized absences despite prior warnings. I advised against taking immediate action without following the standard disciplinary procedures.

While Mr. Sakthi Sukumar reiterated this point in his response, I disagree with the suggestion of immediate suspension without due process. Suspending an employee without following disciplinary procedures and providing subsistence allowance seems counterproductive.

Regarding Mr. Johri's comment, I would like to point out that removing names from the employee rolls due to unauthorized absence could be considered retrenchment, as established in the case of D.C.M. G. Mills Ltd v. Shambunath Mukherjee [AIR 1978 S.C. 8]. Therefore, the employer is obligated to initiate a proper disciplinary process, even if the company's standing orders allow for striking off names for unauthorized absences.

Thank you.

We have sent two notices, but he still has failed to report to us. What action can we initiate next?

Regards,
Chaitra

Dear Chaitra P,

Send him an RPAD notice requesting an explanation for unauthorized leave. If he has not responded to your notice, the next step is to send a charge-sheet and a Notice of Inquiry by RPAD. Conduct a legal and fair inquiry to obtain the inquiry report.

After completing these steps, you can suspend him as a punishment or decide the quantum of punishment, which should be in proportion to the gravity of the misconduct. Suspension as punishment is a serious disciplinary action that requires completing the above steps.

Regards,
S D Patil

We have sent two show cause notices. The first one has been received, but the second one was not delivered as the employee was not available (as reported by the postman). How can we conduct a legal inquiry without the presence of this employee? Can we issue a suspension order after he receives the second notice if we do not receive a favorable reply to it?

Final Course of Action

I would like to understand what our final course of action could be. Can we consider removing him for voluntary abandonment of service as per our standing orders?

Regards,
Chaitra

Procedure for Handling Absenteeism

Prepare a charge sheet for absenteeism and send it by RPAD to the known address. After receipt of the charge sheet (or if the charge sheet is undelivered), send a notice of enquiry stating that the enquiry will be started and completed ex-parte if the employee fails to attend.

Obtain an enquiry report from the enquiry officer and send it to the employee, calling for his explanation (second show cause). Suspend or terminate his services.

Absenteeism is a serious misconduct, but before awarding a major punishment, the employer must complete the above steps. Even in the case of "Left and abandonment" of services, the employer has to complete the above steps. If the employer does not do the above and awards the major punishment of termination, then the employer will have to face legal complications.

Regards,
S D Patil

Handling Absenteeism: Steps to Follow

Prepare a charge sheet for absenteeism and appoint a suitable lawyer as the enquiry officer. Send the charge sheet by RPAD to the known address.

After receiving the charge sheet (or if it is undelivered), send a notice of enquiry. If the employee is absent on the first date, send the enquiry proceedings to him. If he is absent for the second time, also send the proceedings with a note stating that if he remains absent for the enquiry proceeding, the enquiry will be started and completed ex-parte.

Complete the ex-parte enquiry.

Obtain the enquiry report from the enquiry officer and send it to the employee, calling for his explanation (second show cause).

After following these steps, you can terminate his services. Absenteeism is serious misconduct, but before awarding a major punishment, the employer must complete the above steps.

Even in the case of "Left & abandonment" of services, the employer has to prove that ample opportunities were given to explain before awarding the extreme punishment like termination.

Regards,
S D Patil