Dear Senior,
This is in reference to an employee termination due to unauthorized absence. We have a permanent employee who has a habit of habitual absence. Despite issuing him a show cause and warning note, he is once again on unauthorized absence for the last 12 days.
In this regard, I dispatched the first letter for unauthorized absence (with a 48-hour time frame for explanation) to both his permanent and temporary addresses via registered post dated 15/11/12. However, we have not received any response or reply from him. Subsequently, I issued him the first show cause notice with a 48-hour deadline for explanation dated 21/11/12. Until now, we have not received any reply from the employee, and he is still absent.
What should be the next step in this matter if I decide to terminate the employee? Kindly advise on the continuous process that should be followed in this situation.
Regards,
Vishal
From India, Haldwani
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30This is in reference to an employee termination due to unauthorized absence. We have a permanent employee who has a habit of habitual absence. Despite issuing him a show cause and warning note, he is once again on unauthorized absence for the last 12 days.
In this regard, I dispatched the first letter for unauthorized absence (with a 48-hour time frame for explanation) to both his permanent and temporary addresses via registered post dated 15/11/12. However, we have not received any response or reply from him. Subsequently, I issued him the first show cause notice with a 48-hour deadline for explanation dated 21/11/12. Until now, we have not received any reply from the employee, and he is still absent.
What should be the next step in this matter if I decide to terminate the employee? Kindly advise on the continuous process that should be followed in this situation.
Regards,
Vishal
From India, Haldwani
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Dear Vishal,
First of all, does your company have a certified standing order? If yes, please prepare the show cause notice in accordance with the standing order clauses. I am attaching the procedure for disciplinary action. Please review it carefully.
Kindly prepare a domestic inquiry notice and send it to his most recent known address. If it is not delivered and returned, place a copy on the notice board and publish it in the local language newspaper. Wait for a few more days. If there is no response, proceed with the inquiry in his absence and send the findings to his address. Finally, close the file. Please avoid rushing through the process and ensure that the principles of natural justice are followed diligently.
Regards,
Alphonse
9443625359
From India, Madras
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First of all, does your company have a certified standing order? If yes, please prepare the show cause notice in accordance with the standing order clauses. I am attaching the procedure for disciplinary action. Please review it carefully.
Kindly prepare a domestic inquiry notice and send it to his most recent known address. If it is not delivered and returned, place a copy on the notice board and publish it in the local language newspaper. Wait for a few more days. If there is no response, proceed with the inquiry in his absence and send the findings to his address. Finally, close the file. Please avoid rushing through the process and ensure that the principles of natural justice are followed diligently.
Regards,
Alphonse
9443625359
From India, Madras
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Dear Sir I am attaching the files for your reference regards Alphonse
From India, Madras
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From India, Madras
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Dear Vishal,
Two show cause or warning letters are enough to remind an absconding employee. If you don't get any response, you can send the termination letter to his address.
Also, make an F & F settlement statement and send the same to the employee's address.
If you don't have any policy or process regarding absconding employees, then create one and amend it in your company policy.
From India, Mumbai
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Two show cause or warning letters are enough to remind an absconding employee. If you don't get any response, you can send the termination letter to his address.
Also, make an F & F settlement statement and send the same to the employee's address.
If you don't have any policy or process regarding absconding employees, then create one and amend it in your company policy.
From India, Mumbai
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Dear Sir,
Thank you for your reply and valuable advice. Recently, I have submitted five draft copies of the standing order to the certifying office, but to date, it has not been certified. It is pending due to a hearing for a reason. The workers are not agreeing to come on the hearing date with the DLC because they want to delete the employee transfer clause, which is mentioned as a principle of natural justice. I have already instructed them on this matter. We are continuously receiving hearing dates from the DLC. Please help and advise on the same.
Now, the Model Standing Order is applicable for us. Can I follow the above-mentioned instructions which you provided in your advice? As per your guidance, I have prepared the domestic enquiry notice. Please suggest and advise.
Regards,
Vishal
From India, Haldwani
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Thank you for your reply and valuable advice. Recently, I have submitted five draft copies of the standing order to the certifying office, but to date, it has not been certified. It is pending due to a hearing for a reason. The workers are not agreeing to come on the hearing date with the DLC because they want to delete the employee transfer clause, which is mentioned as a principle of natural justice. I have already instructed them on this matter. We are continuously receiving hearing dates from the DLC. Please help and advise on the same.
Now, the Model Standing Order is applicable for us. Can I follow the above-mentioned instructions which you provided in your advice? As per your guidance, I have prepared the domestic enquiry notice. Please suggest and advise.
Regards,
Vishal
From India, Haldwani
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Dear Vishal,
Notwithstanding the status of Standing Orders (pun intended!), first and foremost, please have clarity in your mind as to what the end goal is. How does the management and his immediate HOD look at him? Do you want him back (as an HR, you must weigh this option carefully before taking any action) or do you want to get rid of him? Both goals have a different set of solutions. Homework is critical in such cases.
In this case, you have already issued two Show Cause Notices, so there may not be recourse, I guess.
Regards,
Kalpana Iyer
From India, Pune
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Notwithstanding the status of Standing Orders (pun intended!), first and foremost, please have clarity in your mind as to what the end goal is. How does the management and his immediate HOD look at him? Do you want him back (as an HR, you must weigh this option carefully before taking any action) or do you want to get rid of him? Both goals have a different set of solutions. Homework is critical in such cases.
In this case, you have already issued two Show Cause Notices, so there may not be recourse, I guess.
Regards,
Kalpana Iyer
From India, Pune
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In this case, initially, you have to issue a final reminder (sent via registered post in the latest communication) in which you will advise him/her to join duty within 15 days, failing which will lead to the termination of his/her employment. Wait for the next 15 days. If the employee continues his absenteeism, you should issue a charge sheet against him.
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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In this case, initially, you have to issue a final reminder (registered post in the latest communication) in which you will advise him/her to join duty within 15 days. Otherwise, there will be a cessation of his employment. After waiting for the next 15 days, if the employee continues his absenteeism, you should issue a charge sheet against him.
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Dear all,
Please check if there is a provision for striking off a name in the Model S.O. applicable to Uttarakhand Industries. Assuming it is there, an opportunity letter is to be issued stating that the employee has been absent since (the first date of absence), and the provision for striking off the name under the Model S.O. is applicable in this case. Please note that only working days should be included when calculating the number of days, and this opportunity letter should be issued after the specified number of days of absence as per the Model S.O. have passed.
If the employee does not report for duty within three days of receiving the letter, their name will be struck off the company's rolls. If the employee fails to show up by the specified date, you may take action to remove them from service. It is crucial to ensure the proper service of the opportunity letter as per the rules. In extreme cases, a newspaper advertisement may be sufficient. Opting for disciplinary action is usually the preferred route, and the process is already available to you, thanks to Alphonse.
Regards,
KK
From India, Bhopal
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Please check if there is a provision for striking off a name in the Model S.O. applicable to Uttarakhand Industries. Assuming it is there, an opportunity letter is to be issued stating that the employee has been absent since (the first date of absence), and the provision for striking off the name under the Model S.O. is applicable in this case. Please note that only working days should be included when calculating the number of days, and this opportunity letter should be issued after the specified number of days of absence as per the Model S.O. have passed.
If the employee does not report for duty within three days of receiving the letter, their name will be struck off the company's rolls. If the employee fails to show up by the specified date, you may take action to remove them from service. It is crucial to ensure the proper service of the opportunity letter as per the rules. In extreme cases, a newspaper advertisement may be sufficient. Opting for disciplinary action is usually the preferred route, and the process is already available to you, thanks to Alphonse.
Regards,
KK
From India, Bhopal
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