How Many Days of Absence Trigger Disciplinary Action in Manufacturing? Seeking Clarity

Dear Seniors, I am from the Manufacturing Sector and need clarification on disciplinary proceedings regarding unauthorized absenteeism.

Disciplinary Proceedings for Unauthorized Absenteeism

If the workman remains absent beyond the period of leave originally granted or subsequently extended, they shall lose their lien on their appointment unless they return within 8 days of the expiry of the leave and explain to the satisfaction of the employer or the officer specified by the employer, their inability to return before the expiry of their leave. If the workman loses their lien on their appointment, they shall be entitled to be kept on disciplinary proceedings.

In other resources, it is mentioned as 9 days and 7 in others. May I know the exact number of days to initiate disciplinary proceedings on him/her with documented proof, please?

Thank you.

Dear Sir,

For disciplinary action, please refer to your company's standing order. As mentioned in the standing order, you should take into consideration the number of absenteeism days.

Thanks

My dear friend,

Long back, the Apex has held that the loss of lien is not the right way to dispose of any employee. For disciplinary actions, follow the procedure as per your standing orders. Serve a show cause notice, call for an explanation, and if it is not satisfactory, conduct an impartial inquiry. The quantum of punishment should be in proportion to the quantum of misconduct. Past records are also very important.

G.K. Manjunath

Understanding Loss of Lien on Appointment

The applicable Standing Orders prescribe the condition for presuming loss of lien on appointment. This varies from three days to thirty days or more of unauthorized absence. As a matter of caution, mere absence for the prescribed period alone is not sufficient. Before taking action under such a presumptive clause, the principles of natural justice have to be strictly complied with. Thus, the concerned employee must be served notice, given the opportunity to explain the absence, and resume duty before any presumption is made. Similarly, upon the employee's return, the explanation for the absence must be considered, and a reasoned decision must be taken.

Principle Behind the Clause

The principle behind such a clause is that the employee, instead of formally resigning from service, has voluntarily relinquished their job through their conduct, showing no further interest in serving the company. Therefore, the absence is not only voluntary but also intentional, indicating that the employee is relinquishing their employment. If the employer can prove this, cases of such voluntary abandonment have been upheld by the courts.

Procedure for Handling Unauthorized Absence

First, a record is to be built of his unauthorized absence over the past six months. Issue a Show Cause Notice detailing his absences month-wise. Do not forget to mention the losses and hardships caused by his absence, along with the relevant clauses of the standing orders under which the charges are being leveled.

Upon receiving the reply, proceed with further disciplinary proceedings. I am sharing the procedure of disciplinary proceedings for your perusal. Please keep in mind that sometimes unauthorized absence may become authorized absence.

Regards

Dear Prabhakar, kindly note that any employee is bound by either Standing Orders or Model Standing Orders, whichever is applicable, as yours is a manufacturing industry. As suggested by seniors here, you need to give a show-cause notice on his absenteeism, which can be sent directly to his postal address while he is not coming without intimation. You can take action on the employee after a reply is received on the show-cause. Build up records up to three times for a final decision if the employee is chronically absent in duties.

As suggested by Mr. Rajan, unauthorized absenteeism can be authorized in only exceptional cases when the condonation of absence is done by HOD on genuine cases. But that should be informed to HR by following all due processes.

Clarification on Disciplinary Proceedings for Unauthorized Absenteeism

Assuming that your establishment is covered by the Industrial Employment (Standing Orders) Act, if you read it carefully, it provides a list of misconducts, disciplinary actions, and punishments governing absenteeism. You seem to have misquoted the provisions relating to losing lien on the job.

You have stated that the workman is entitled to disciplinary proceedings after losing lien on the job because of his failure to return within 8 days. There is no provision for disciplinary proceedings in the Model Standing Orders after a worker has lost lien on the job, unless your state rules provide for it. What is provided is that if a workman fails to return to work within 8 days after the expiry of earned leave sanctioned or extended and fails to provide a satisfactory explanation, then he will lose his lien on the job, and in that event, his name has to be put in the Badli register.

Regards,
Vinayak Nagarkar
HR Consultant

Unauthorized Absence from Duty

Unauthorized Absence from Duty shall be counted from the date of unauthorized absence on the expiry of the approved leave period of absence with or without pay. This means the date from which he/she started absenting without prior and proper sanction/permission or grant or pre-approved leave of absence with or without pay. The following action steps are expedient:

1. Issue a proper charge-sheet or explanation letter by registered post AD, mentioning the date from which he/she is unauthorizedly absenting and informing him/her that this constitutes an act of misconduct for which he/she is liable to disciplinary action. Ask him/her to submit an explanation/reply within three working days from the date of receipt of the said charge-sheet as to why disciplinary action should not be taken for the alleged act of misconduct.

2. On receipt of his/her explanation/reply, consider the explanation submitted. If found unsatisfactory, arrange to issue a proper written office order informing him/her that an inquiry has been ordered and an inquiry officer or an inquiry committee has been appointed to inquire into the alleged act of misconduct in accordance with the principles of natural justice. Inform him/her that he/she should attend the inquiry proceedings to defend his/her action.

3. Appoint a management representative to present management's case before the inquiry officer/committee.

4. On completion of the inquiry proceedings and receipt of the inquiry report with findings, appropriate disciplinary action may be initiated, such as issuing the proposed punishment letter, etc.

For further clarification and assistance, our competent team experts on domestic inquiry/internal inquiry are available:

Kritarth Consulting Pvt Ltd, Bengaluru Centre, [Email Removed For Privacy Reasons]

Regards

Dear colleague,

Are you referring to the production of the copy of the certified/model standing orders in the enquiry proceedings? If the enquiry officer directs so, then it is a must to produce.

Regards, Vinayak Nagarkar HR Consultant

Hi,

The ball is in your court. As the worker accepted the charges and submitted an apology, he may either be terminated or allowed to continue with a warning at Management's discretion. However, it wouldn't be prudent to allow him to continue considering the severity of the misconduct.