How Should I Handle Workers Who Have Been Absent for Over a Week Without Notice?

Dear all,

Can anybody help me to sort out the following problem.

In my company, 3 daily-rated monthly paid permanent workers are absenting from work since 19/10/2007. In our standing order it is mentioned that After 8 fays of continuous absence, it is presumed that the worker has voluntarily left employement.

I have sent registered notice asking the workers to show cause why action should not be taken against him for unauthorizedly from work. It was also mentioned in the notice that if no reply is received within 3 days it would be presumed that the worker has voluntarily left employment and his name will be removed from the rolls of the company.

One registered notice returned mentioning that the addressee has left India.

The other notice was returned mentioning “Absent”

The other notice was received by him but no reply was given.

It is clear that they may not have any intention to continue in employement since they have not given any reply nor received the notice.

What is the next step I should take in this situation.

Do I need to send him another notice under certificate of posting.

Do I need to conduct a domestic enquiry to remove him from the rolls.

Please also let me know what is the procedure to be adopted in such situations.

Regards,

Sebuks.

Dear
In all probabilities it is a case of abandonment. Since they are workers,termination shouldbe as per the legal process.The steps noted in your post sounds ok.Follow them. Additionally when the Notice for conducting Domestic Enquiry is sent and returned un served you may have to cause a Newspaper Publication.
with kind regards,
V.Sounder Rajan
Chennai – 600 001.
Off : 044-42620864, 044-65874684
,

Dear Sebuks,

Greetings.

You have to conduct a domestic enquiry for long absenteeism and prove that the delinquent is at fault. If they are not receiving the memos or notices, you have to publish them in the local daily in the vernacular language. Also, give two more chances of representation by sending the letter of domestic enquiry to the appointed place.

If they do not show up for more than two times, the domestic enquiry can be done ex parte, and the findings can be sent to Management. Based on the findings, management can terminate the delinquent as per the law.

Cheers,

Trisha
HR Professional

Dear,

Both Trisha and Rajan are correct. First, publish in the newspaper asking them to join or reply as to why they have not yet joined. Please provide a date for the same. If they do not respond, send letters to them for conducting a domestic inquiry. If they still do not communicate, conduct an ex-parte inquiry and terminate them.

You need to do all this only to strengthen your case. If the termination is challenged in court, you should have all documents ready to prove that you have taken all measures to communicate with the employee before making this decision.

Regards,
Nilendra

Hi Friend,

As you mentioned, your company's standing instructions state that continuous leave for more than 8 days is presumed to be voluntarily leaving employment. You have already sent a registered notice to each of the three employees, but proper responses have not been received. In that case, please consult with management and take necessary actions to terminate them from the regular attendance roster.

There is no point in sending another notice due to attitude problems with the employees.

Regards,
Saravana
Executive - HR

Hi,

As per the Bombay Shops and Establishments Act, the duration of service and the minimum notice period are as follows:

- 1 year or more: 30 days
- Less than 1 year but more than 3 months: 14 days

An exception exists in cases of misconduct, where we can dispense with the notice. Misconduct, as defined by the Act, includes:

1. Absence from service without notice in writing or without sufficient reasons for seven days or more.
2. Going on or abetting a strike in contravention of any law currently in force.
3. Causing damage to the property of the employer.

My question is, do we (as another factory) have to conduct a domestic inquiry in the case of unauthorized absenteeism?

Thank you all for your valuable comments,

Is absenteeism to be considered as an offense which should be gone through an inquiry, where no letter, no information, is sent by the employee? It is also to be noted that he is unwilling to receive the notices sent by the management or he has left India without any information. Is it not his liability to inform the management in case of his inconvenience to attend the job if he has not abandoned the employment?

Regards,
Sebuks

In such a case, we have simply created a record before terminating their services by sending a letter (by R.P.A.D.) covering two points: 1. unauthorized absenteeism and 2. requested them to join back on or before (date).

Dear Sir,

You already have a company standing order that mentions dealing with unauthorized absences exceeding 8 days. Please make a decision accordingly, ensuring to follow the legal procedure, such as the domestic enquiry procedure. Initially, provide the individual with an opportunity to express their opinion as we adhere to the "Principle of natural justice."

With warm regards,
Malsidha
Student Trainee