Dear All,
I am working as an HR Manager at professional services firms in F&A domain.
One of our employee (Mr. ABC) working in a responsible position in the IT department did not report to work for 3 consecutive working days & was on unauthorized leave. He was not available on his contact number either. Later we asked one of our employees who stay near his house to pay a visit & see if all is fine at the employee’s end. This employee who visited his house informed us that Mr. ABC is not well.
The next day Mr. ABC gave us a call & informed that he was not able to come to work as he was not well & said that he would report to duty next day. He came to work next day but again took a half day & went home. He has not come to office after that & has neither informed anyone at company. We tried calling him but his cell is switched off.
We later through a trusted source got to know that Mr. ABC is not going to join back & is planning to abscond as he has some problems in his personal life. But he has not informed us yet about this decision.
We are now in a fix coz as Mr. ABC holds a very responsible position in the IT department & his absence from work is affecting the work. We would like to have replacement for him.
But I do understand that before we do this I need to have a voluntary resignation form Mr. ABC or we need to terminate his service. Can you please let me know from a legal perspective what should be the time interval between issuing a warning letter through a Registered AD/Under Certificate Posting to him & issuing a service termination letter?
I would like to have your suggestions with regards to a situation above.
Regards,
SV Erady
From India, Pune
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I am working as an HR Manager at professional services firms in F&A domain.
One of our employee (Mr. ABC) working in a responsible position in the IT department did not report to work for 3 consecutive working days & was on unauthorized leave. He was not available on his contact number either. Later we asked one of our employees who stay near his house to pay a visit & see if all is fine at the employee’s end. This employee who visited his house informed us that Mr. ABC is not well.
The next day Mr. ABC gave us a call & informed that he was not able to come to work as he was not well & said that he would report to duty next day. He came to work next day but again took a half day & went home. He has not come to office after that & has neither informed anyone at company. We tried calling him but his cell is switched off.
We later through a trusted source got to know that Mr. ABC is not going to join back & is planning to abscond as he has some problems in his personal life. But he has not informed us yet about this decision.
We are now in a fix coz as Mr. ABC holds a very responsible position in the IT department & his absence from work is affecting the work. We would like to have replacement for him.
But I do understand that before we do this I need to have a voluntary resignation form Mr. ABC or we need to terminate his service. Can you please let me know from a legal perspective what should be the time interval between issuing a warning letter through a Registered AD/Under Certificate Posting to him & issuing a service termination letter?
I would like to have your suggestions with regards to a situation above.
Regards,
SV Erady
From India, Pune
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Normally, before any action is initiated against an employee, they shall be given a reasonable amount of time. This timeframe depends upon the situation; it may vary from one week to two weeks or even one month. An absconding employee may be summoned to provide an explanation within a week's time, which is deemed sufficient. Since the employee holds a responsible position necessitating immediate replacement to ensure business continuity, disciplinary action can proceed promptly.
My personal stance on such matters is that I may overlook negligence from shop floor workers or employees with fewer responsibilities, but I cannot tolerate the negligence and lapses of those in higher positions. It is important to note that this policy may differ from those of other organizations, which sometimes protect managers while dismissing workers for minor issues. I kindly request not to challenge my statement.
For your reference, I have attached a PowerPoint presentation outlining the general procedures to be followed when conducting disciplinary actions.
Regards,
Madhu.T.K
From India, Kannur
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4515My personal stance on such matters is that I may overlook negligence from shop floor workers or employees with fewer responsibilities, but I cannot tolerate the negligence and lapses of those in higher positions. It is important to note that this policy may differ from those of other organizations, which sometimes protect managers while dismissing workers for minor issues. I kindly request not to challenge my statement.
For your reference, I have attached a PowerPoint presentation outlining the general procedures to be followed when conducting disciplinary actions.
Regards,
Madhu.T.K
From India, Kannur
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Hi,
I agree with what Madhu has said. If there is an absence without prior approval and information, we, in our organization, used to send a letter first asking to explain the absence. If we don't get any reply within 15 days, we can send a termination notice.
Regards,
Renu
From Singapore
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I agree with what Madhu has said. If there is an absence without prior approval and information, we, in our organization, used to send a letter first asking to explain the absence. If we don't get any reply within 15 days, we can send a termination notice.
Regards,
Renu
From Singapore
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Hi,
Terminating an employee for misconduct due to unauthorized absence is very difficult in India. A departmental inquiry must be conducted, but even then, termination as punishment for a short period of absence is not legally permissible. Instead, you can request a resignation letter to terminate services as per the clause in the appointment letter. Issuing a warning can also be seen as a form of punishment, which may require an inquiry. Simply sending a termination letter by post without conducting an inquiry is considered illegal.
S.M. Paranjape,
Labour Law Consultant, Pune
Ph: 9850083760
Email: sameerparanjapeadv@yahoo.co.in
From India, Pune
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Terminating an employee for misconduct due to unauthorized absence is very difficult in India. A departmental inquiry must be conducted, but even then, termination as punishment for a short period of absence is not legally permissible. Instead, you can request a resignation letter to terminate services as per the clause in the appointment letter. Issuing a warning can also be seen as a form of punishment, which may require an inquiry. Simply sending a termination letter by post without conducting an inquiry is considered illegal.
S.M. Paranjape,
Labour Law Consultant, Pune
Ph: 9850083760
Email: sameerparanjapeadv@yahoo.co.in
From India, Pune
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Legal Aspect:
Hi all,
One important point is missing here. As it appears Mr. ABC is working in a responsible position, he is likely in a managerial cadre and, therefore, not governed by labor laws. [He is not an 'employee' as required by law]. In that case, no departmental inquiry is necessary, and punitive action against him can be taken in accordance with the terms and conditions of his appointment letter.
Regards,
Sameer Paranjape
Labour Law Consultant, Pune
Email: sameerparanjapeadv@yahoo.co.in
From India, Pune
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Hi all,
One important point is missing here. As it appears Mr. ABC is working in a responsible position, he is likely in a managerial cadre and, therefore, not governed by labor laws. [He is not an 'employee' as required by law]. In that case, no departmental inquiry is necessary, and punitive action against him can be taken in accordance with the terms and conditions of his appointment letter.
Regards,
Sameer Paranjape
Labour Law Consultant, Pune
Email: sameerparanjapeadv@yahoo.co.in
From India, Pune
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It's really nice to see some people share information and docs in order to improve and implement a professional work environment. Nevertheless, I would like to ask about some spreadsheets like an XLS file worksheet in which I can use it to create a time and attendance dashboard charts for analysis between all reports. I have all time and attendance sheets and reports such as working hours, OT, Premium OT, ABSENT, ANNUAL LEAVE, NOT REPORTING, and all other reports. My question here is: is there any way to draw a chart or any analysis to combine these reports into one standalone sheet? This will help visualize the attendance and draw a snapshot of weekly and monthly reports. The sheets I have include employee names, grades, positions, and all other attendance details.
To be frank, I have a full interest in this website, and I have already benefited from and am using some valuable information and docs that I have obtained from team members.
I am eagerly awaiting any other valuable dashboards and time management analysis.
Cheers,
Ahmad Alhajj
From United Arab Emirates, Abu Dhabi
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To be frank, I have a full interest in this website, and I have already benefited from and am using some valuable information and docs that I have obtained from team members.
I am eagerly awaiting any other valuable dashboards and time management analysis.
Cheers,
Ahmad Alhajj
From United Arab Emirates, Abu Dhabi
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