sudhir.tiwari1103@gmail.com
2

Dear All kindly tell me what r statutory guidelines we must follow while terminating an employee having high rate of absenteeism.
From India, Pune
arunmjadhav
190

Hi Sudhir,
Absenteeism is one of the misconduct under standing order act. But nature of this misconduct is not that much severe. means its not threatening to company or any human physically.
Yes I do agree that its adds loss to the company but always remember directly dont terminate the employee.
At least have two to three domestic enquiries then terminate.
You should give him chance to improve under natural justice act.
All documentary evidances are very essential, all given showcause, warning, suspension, his apology should be kept to his personal file. have proper & fair enquiry then on ly terminate.
Arun J.

From India, Hyderabad
saiconsult
1898

You have not revealed the character of your establishment - whether it is a factory or a commercial establishment. It is observed from your post that the employee concerned is a habitual absentee.You cannot terminate an employee for absenteeism by stroke of a pen since such termination casts a stigma on his conduct and may be termed as punitive and unlikely to be sustained in a court of law. Therefore you need to follow the principles of natural justice. To follow the principles of natural justice, you need to initiate the following steps :

1) issue him chargsheet, inviting his explanation.

2) if his explanation is not satisfactory, conduct an inquiry into his absenteeism.

3) if he is found guilty, pass appropriate penalty.

4 )whether you can pass the penalty of dismissal depends up on various factors like his past record of disciplinary actions taken for absenteeism, the repeitive conduct, the length of absenteeism and his conduct during absenteeism and any other adverse circumstance.

5) It is not appropriate to terminate the services of an employee for a week's or fortnight's absence or when his past record is unblemished (no record of his bad conduct is created) or the disciplinary action is taken for the first time.

B.Saikumar

Mumbai

From India, Mumbai
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