Hi, we have an employee who has not met certain criteria in the workplace and was given a warning for not clocking out. He then stayed away from work without informing management (absent for 2 days). Consequently, a return warning letter was issued. However, upon receiving the notice, he did not report to work the following day. I need guidance on how to draft his 3rd and final warning letter and proceed with issuing a letter of retrenchment, as we cannot operate a business under these circumstances. Please advise.
From South Africa, Durban
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From South Africa, Durban
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Hope you are from South Africa, and I doubt the view expressed by me in the light of Indian Labour Laws would be appropriate for you.
Under Indian Labour practice, two days of leave cannot be treated as absconding. If you treat the warning letters as caution given to him before termination, it is not sufficient for a valid termination. As far as possible, you will have to issue a charge sheet and collect his explanation. The charge sheet should state the charges, i.e., bad performance, incidents of giving him warning letters, and also the absence from work for the days following the days on which he was given warning and ask him to show cause why his services should not be terminated. The letter should also state that if he does not reply within a specified time (give him a reasonable time, say one week, to reply to the charges) his services would be terminated without further notice. If he replies and if the reply is not satisfactory, you may conduct a domestic inquiry and then take a decision.
Regards, Madhu.T.K
From India, Kannur
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4612Under Indian Labour practice, two days of leave cannot be treated as absconding. If you treat the warning letters as caution given to him before termination, it is not sufficient for a valid termination. As far as possible, you will have to issue a charge sheet and collect his explanation. The charge sheet should state the charges, i.e., bad performance, incidents of giving him warning letters, and also the absence from work for the days following the days on which he was given warning and ask him to show cause why his services should not be terminated. The letter should also state that if he does not reply within a specified time (give him a reasonable time, say one week, to reply to the charges) his services would be terminated without further notice. If he replies and if the reply is not satisfactory, you may conduct a domestic inquiry and then take a decision.
Regards, Madhu.T.K
From India, Kannur
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