Can anybody help me by providing the format for a letter of termination due to absenteeism without prior information? This situation arose because of a mishap. After joining the office, the employee disappeared from work without any explanation during working hours, and since then, no information has been provided.
From India, Delhi
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2From India, Delhi
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In case of termination, it should be as per the terms of the contract along with the check in lieu of the notice period. The termination letter should be simple: in terms of clause no... of the terms and conditions of your contract dated ..................., your services are hereby terminated with immediate effect. Please find enclosed a check for Rs..... in lieu of the notice period as per the terms of the contract. You will hear from the ............... department regarding the settlement of your terminal benefits and any other dues if any due to the Company.
If the employee falls under the definition of 'workmen', you need to follow the process of calling for an explanation. If the employee does not admit the misconduct, conduct a regular departmental enquiry. Thereafter, make a decision based on the findings of the enquiry officer on whether to terminate or retain him by giving a punishment other than dismissal/termination.
Regards,
Prakash
From India, Madras
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If the employee falls under the definition of 'workmen', you need to follow the process of calling for an explanation. If the employee does not admit the misconduct, conduct a regular departmental enquiry. Thereafter, make a decision based on the findings of the enquiry officer on whether to terminate or retain him by giving a punishment other than dismissal/termination.
Regards,
Prakash
From India, Madras
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You cannot issue a termination letter alleging absenteeism unless you conduct a departmental inquiry. It would be illegal. The period of absence also has to be very long if you want to impose the punishment of termination (it should be at least 10 days of continuous absence). Taking legal steps in such circumstances is a lengthy procedure. If you are unable to track him, you have to send him a notice to his last known address as per the company's records by registered post.
Best regards,
Sameer Paranjape
Advocate (Labour Law Consultant)
Pune
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From India, Pune
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Best regards,
Sameer Paranjape
Advocate (Labour Law Consultant)
Pune
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From India, Pune
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Thanks, Mr. Sameer, but it's already been more than 20 days of continuous absence. After that, he only came for 15 minutes and disappeared without informing anyone from the office premises. When we call him, he continuously ignores our calls.
Please ensure punctuality and communication in the future to avoid any disruptions in work operations. Let's discuss this matter further in our next meeting.
Thank you.
From India, Delhi
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Please ensure punctuality and communication in the future to avoid any disruptions in work operations. Let's discuss this matter further in our next meeting.
Thank you.
From India, Delhi
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I understand your frustration regarding such employees, but as an HR professional, you need to follow the principle of justice. Have you ensured that you have completed all necessary steps and actions required before termination? Your clarity on this matter will help you find answers on the next level.
Steps to Handle Employee Absenteeism
I suggest the following steps:
First, send an intimation letter to the employee to join duties via email and Registered Acknowledgement Due (RAD) at his residence address. This step is very necessary.
After 7 days, send a warning letter via email and RAD at his residence address, with an intimation to respond; otherwise, the company shall presume that he is not interested in continuing the job.
After another 7 days, you can send a FINAL LETTER stating that his name has been removed from the salary register, and he is no longer considered an employee of the company. All terms and conditions stand withdrawn. Do not mention anything about F&F and NDC.
Remember, it is always advisable to give an opportunity to resign before terminating. Termination can bring a lot of liability and obligations to the company and can even be challenged in a court of law. Following these steps should make your process easier.
Assuming you have completed the first two steps, you can proceed with the final step.
Regards.
From India, Ahmedabad
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Steps to Handle Employee Absenteeism
I suggest the following steps:
First, send an intimation letter to the employee to join duties via email and Registered Acknowledgement Due (RAD) at his residence address. This step is very necessary.
After 7 days, send a warning letter via email and RAD at his residence address, with an intimation to respond; otherwise, the company shall presume that he is not interested in continuing the job.
After another 7 days, you can send a FINAL LETTER stating that his name has been removed from the salary register, and he is no longer considered an employee of the company. All terms and conditions stand withdrawn. Do not mention anything about F&F and NDC.
Remember, it is always advisable to give an opportunity to resign before terminating. Termination can bring a lot of liability and obligations to the company and can even be challenged in a court of law. Following these steps should make your process easier.
Assuming you have completed the first two steps, you can proceed with the final step.
Regards.
From India, Ahmedabad
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Absence on the Joining Day
Absence on the joining day itself need not be treated as absenteeism. The joining itself can be treated as null and void. An employee who has put in a considerable period of service and whose sudden unauthorized, frequent absence on various intermittent days or continuous absence affects the normal routine working alone can be treated as absenteeism.
From India, Selam
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Absence on the joining day itself need not be treated as absenteeism. The joining itself can be treated as null and void. An employee who has put in a considerable period of service and whose sudden unauthorized, frequent absence on various intermittent days or continuous absence affects the normal routine working alone can be treated as absenteeism.
From India, Selam
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You can also terminate based on absconding services. Mention the efforts that failed to reach the concerned individual through the contact details noted down on his application form.
It's a universal rule that if anyone absconds from service for more than 7 days without any communication, HR has all the right to ensure the work's welfare and replace the individual.
Regards,
Faizha.
From Kenya
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It's a universal rule that if anyone absconds from service for more than 7 days without any communication, HR has all the right to ensure the work's welfare and replace the individual.
Regards,
Faizha.
From Kenya
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Termination Notice Due to Frequent Absenteeism
It has been observed from your attendance records that you are frequently absent. You have neither submitted your leave application duly approved by the HOD nor informed the undersigned of the reason for your continuous absence. Needless to mention, this is affecting your performance as well as obstructing the organization.
Since you have neither replied nor intimated via any source, it seems you are no longer interested in continuing your services with [Company Name]. The management has hereby decided to terminate your services with immediate effect.
You are hereby terminated and relieved from your services to this organization. Your name is being struck off from the rolls of the company. Please hand over the company property and assets (if any) to [Name of In-charge or Department] of the company.
Sincerely,
[Authorized]
From India, Coimbatore
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It has been observed from your attendance records that you are frequently absent. You have neither submitted your leave application duly approved by the HOD nor informed the undersigned of the reason for your continuous absence. Needless to mention, this is affecting your performance as well as obstructing the organization.
Since you have neither replied nor intimated via any source, it seems you are no longer interested in continuing your services with [Company Name]. The management has hereby decided to terminate your services with immediate effect.
You are hereby terminated and relieved from your services to this organization. Your name is being struck off from the rolls of the company. Please hand over the company property and assets (if any) to [Name of In-charge or Department] of the company.
Sincerely,
[Authorized]
From India, Coimbatore
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Before issuing a termination letter to any employee of the organization, you are supposed to understand the Industrial Dispute Act and the Employee Standing Order.
Regards,
Dr. K V Singh
From India, New Delhi
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Regards,
Dr. K V Singh
From India, New Delhi
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Termination Due to Absenteeism: Legal Considerations
You cannot terminate a workman as you wish just for absenteeism. You have to follow all the formalities. If you have Standing Orders, you have to follow the formalities as per S.O. If you do not have S.O., you have to follow the clause of the Appointment Order. If the employee is in a supervisory or managerial cadre and if the terms and conditions of the appointment say "the Management reserves the right to terminate your services with one month's notice or one month's payment in lieu of notice without assigning any reasons," you can terminate such employees as it is as per the terms of appointment.
If he is a workman and covered under 2(s) of the ID Act, you have to follow the following formalities:
• Call letters - 1st, 2nd, and final
• Prepare a Show Cause Notice cum Charge sheet for an explanation for his/her absenteeism
• After receipt of the explanation, if it is not satisfied, charge sheet him/her with an enquiry notice
• Conduct an impartial enquiry providing all opportunity for the charge-sheeted employee to defend his/her case.
• After receipt of the findings of the enquiry officer, send a second show cause notice along with the findings and report of the enquiry officer.
• After receipt of the representation or explanation from the charge-sheeted employee for the second show cause notice, based on the past records and the gravity of the misconduct, take appropriate action.
• The courts can intervene under sec. 11(a) of the ID Act if the quantum of punishment is not proportionate to the quantum of misconduct. The courts may order reinstatement with back wages.
• If the absenteeism is more than 150-180 days in a year and if it is habitual year on year, then you have a very good case to dismiss such employees after complying with all the above-cited formalities.
Termination of an employee is not an easy job. It attracts 25F of the ID Act also.
Please bear in mind all these aspects before initiating any such actions.
Regards,
G.K. Manjunath
Sr. Manager-HR
From India, Bangalore
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You cannot terminate a workman as you wish just for absenteeism. You have to follow all the formalities. If you have Standing Orders, you have to follow the formalities as per S.O. If you do not have S.O., you have to follow the clause of the Appointment Order. If the employee is in a supervisory or managerial cadre and if the terms and conditions of the appointment say "the Management reserves the right to terminate your services with one month's notice or one month's payment in lieu of notice without assigning any reasons," you can terminate such employees as it is as per the terms of appointment.
If he is a workman and covered under 2(s) of the ID Act, you have to follow the following formalities:
• Call letters - 1st, 2nd, and final
• Prepare a Show Cause Notice cum Charge sheet for an explanation for his/her absenteeism
• After receipt of the explanation, if it is not satisfied, charge sheet him/her with an enquiry notice
• Conduct an impartial enquiry providing all opportunity for the charge-sheeted employee to defend his/her case.
• After receipt of the findings of the enquiry officer, send a second show cause notice along with the findings and report of the enquiry officer.
• After receipt of the representation or explanation from the charge-sheeted employee for the second show cause notice, based on the past records and the gravity of the misconduct, take appropriate action.
• The courts can intervene under sec. 11(a) of the ID Act if the quantum of punishment is not proportionate to the quantum of misconduct. The courts may order reinstatement with back wages.
• If the absenteeism is more than 150-180 days in a year and if it is habitual year on year, then you have a very good case to dismiss such employees after complying with all the above-cited formalities.
Termination of an employee is not an easy job. It attracts 25F of the ID Act also.
Please bear in mind all these aspects before initiating any such actions.
Regards,
G.K. Manjunath
Sr. Manager-HR
From India, Bangalore
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Understanding Habitual Absenteeism
Related to absenteeism or late coming, we often use the word "habitual." Can you please let us know what you mean by "habitual absenteeism" or "habitual late coming"? If an employee is absent for 3-4 days in a month for 6-7 months, should we consider it as a "habitual absenteeism" case? I want to understand the parameters for using the word "habitual."
Regards,
Avinash K.
From India, Mumbai
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Related to absenteeism or late coming, we often use the word "habitual." Can you please let us know what you mean by "habitual absenteeism" or "habitual late coming"? If an employee is absent for 3-4 days in a month for 6-7 months, should we consider it as a "habitual absenteeism" case? I want to understand the parameters for using the word "habitual."
Regards,
Avinash K.
From India, Mumbai
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If an employee is absent from work intermittently for 3 days in a month for 2 consecutive months, or 6 days in a month, or 20 days in a year, it is called habitual absenteeism. It all depends on your standing order or service rules.
Understanding Habitual Absenteeism
Habitual absenteeism means it is a habit. The termination order draft varies from case to case. As I explained earlier, all formalities must be complied with before passing the termination order. You have to provide one month's notice or pay (gross amount without any deductions) in lieu of notice if the appointment order clause says so. Alternatively, even after conducting a due inquiry, you can dismiss the employee based on the quantum of misconduct.
I can provide the draft letter if you need it.
Regards,
G.K. Manjuath
Sr. Manager-HR
From India, Bangalore
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Understanding Habitual Absenteeism
Habitual absenteeism means it is a habit. The termination order draft varies from case to case. As I explained earlier, all formalities must be complied with before passing the termination order. You have to provide one month's notice or pay (gross amount without any deductions) in lieu of notice if the appointment order clause says so. Alternatively, even after conducting a due inquiry, you can dismiss the employee based on the quantum of misconduct.
I can provide the draft letter if you need it.
Regards,
G.K. Manjuath
Sr. Manager-HR
From India, Bangalore
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Dear Avinash, No problem, you can use the word "habitual." As I told you in my previous mail, it is a habit of consistently absenting oneself. In the Model Standing Order also:
Disciplinary Action for Misconduct
Under Section "14: A workman may be fined up to two percent of his wages in a month for the following acts and omissions, namely:
- The following acts and omissions shall be treated as misconduct:
- (a) Wilful insubordination or disobedience, whether alone or in combination with others, to any lawful and reasonable order of a superior.
- (b) Theft, fraud, or dishonesty in connection with the employer's business or property.
- (c) Willful damage to or loss of the employer's goods or property.
- (d) Taking or giving bribes or any illegal gratification.
- (e) Habitual absence without leave or absence without leave for more than 10 days.
- (f) Habitual late attendance.
Kindly go through the Model Standing Order once again. Hope this will clarify your doubt.
Regards,
G.K. Manjunath
Sr. Manager-HR
From India, Bangalore
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Disciplinary Action for Misconduct
Under Section "14: A workman may be fined up to two percent of his wages in a month for the following acts and omissions, namely:
- The following acts and omissions shall be treated as misconduct:
- (a) Wilful insubordination or disobedience, whether alone or in combination with others, to any lawful and reasonable order of a superior.
- (b) Theft, fraud, or dishonesty in connection with the employer's business or property.
- (c) Willful damage to or loss of the employer's goods or property.
- (d) Taking or giving bribes or any illegal gratification.
- (e) Habitual absence without leave or absence without leave for more than 10 days.
- (f) Habitual late attendance.
Kindly go through the Model Standing Order once again. Hope this will clarify your doubt.
Regards,
G.K. Manjunath
Sr. Manager-HR
From India, Bangalore
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf
Termination letter.doc