Dear All,
I work in a newspaper establishment and am in a role of framing policies for the company. Recently, I am framing a policy on Abandonment of services and want my company to follow all procedures as per law in case of handling absconding cases. Hence, I wanted to know that in case of absenteeism, does the company follow the process of sending Show cause notices asking the employee to return to work on a specified date or respond to the notices? Is there a clause in the ID Act which states that if an employee has completed continuous service of 240 days, the company cannot terminate them solely on the basis of Show cause notices unless a domestic enquiry is conducted? If yes, what is the proper procedure for the same?
Thank you.
From India, Calcutta
Acknowledge(0)
Amend(0)
I work in a newspaper establishment and am in a role of framing policies for the company. Recently, I am framing a policy on Abandonment of services and want my company to follow all procedures as per law in case of handling absconding cases. Hence, I wanted to know that in case of absenteeism, does the company follow the process of sending Show cause notices asking the employee to return to work on a specified date or respond to the notices? Is there a clause in the ID Act which states that if an employee has completed continuous service of 240 days, the company cannot terminate them solely on the basis of Show cause notices unless a domestic enquiry is conducted? If yes, what is the proper procedure for the same?
Thank you.
From India, Calcutta
Acknowledge(0)Amend(0)
Dear Anjudhup,
How can you tell that a person is abandoning the organization? He may have met with an accident, or due to unavoidable circumstances, he might have proceeded on leave to his native place where there is no connectivity to inform about his absence. If he went on leave after approval, then he might have overstayed his leave due to a natural calamity or any other event beyond the employee's control. Therefore, without confirming with the individual employee, you cannot come to a conclusion that the employee has been abandoned.
In such a scenario, you must send two notices to his home address (properly registered with acknowledgment due post). In these notices, you should provide a reasonable time for him to resume his duties. If he does not return to work, then you must issue one more notice stating, "It is understood that you are not interested in rejoining duty. Therefore, you are declared as an absconder, and you may collect your final benefits from our accounts department". If the employee still does not report for duty, you cannot conduct a domestic inquiry or any statutory disciplinary action against him unless he is liable to make any payments to the company or has any assets in his possession.
Nowadays, even Supreme Court judgments are favoring employers in cases of long absence and disciplinary matters rather than employees.
From India, Kumbakonam
Acknowledge(0)Amend(0)
1189How can you tell that a person is abandoning the organization? He may have met with an accident, or due to unavoidable circumstances, he might have proceeded on leave to his native place where there is no connectivity to inform about his absence. If he went on leave after approval, then he might have overstayed his leave due to a natural calamity or any other event beyond the employee's control. Therefore, without confirming with the individual employee, you cannot come to a conclusion that the employee has been abandoned.
In such a scenario, you must send two notices to his home address (properly registered with acknowledgment due post). In these notices, you should provide a reasonable time for him to resume his duties. If he does not return to work, then you must issue one more notice stating, "It is understood that you are not interested in rejoining duty. Therefore, you are declared as an absconder, and you may collect your final benefits from our accounts department". If the employee still does not report for duty, you cannot conduct a domestic inquiry or any statutory disciplinary action against him unless he is liable to make any payments to the company or has any assets in his possession.
Nowadays, even Supreme Court judgments are favoring employers in cases of long absence and disciplinary matters rather than employees.
From India, Kumbakonam
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.