Dear Seniors,
Iam from Manufacturing Sector ,Need clarification for disciplinary proceedings on un-authorised absentism .
If the workman remains absent beyond the period of leave originally granted or subsequently extended, he shall lose his
lien on his appointment unless he returns within 8 days of the expiry of the leave and explains to the satisfaction of the
employer or the officer specified in this behalf by the employer, his inability to return before the expiry of his leave. In case the
workman loses his lien on his appointment, he shall been titled to be kept on disciplinary proceedings.
In other books its mentioned as 9 days & 7 in others .May i know exact days to take disciplinary proeedings on him/her with a documented proof please .
From India, Karimnagar
2Iam from Manufacturing Sector ,Need clarification for disciplinary proceedings on un-authorised absentism .
If the workman remains absent beyond the period of leave originally granted or subsequently extended, he shall lose his
lien on his appointment unless he returns within 8 days of the expiry of the leave and explains to the satisfaction of the
employer or the officer specified in this behalf by the employer, his inability to return before the expiry of his leave. In case the
workman loses his lien on his appointment, he shall been titled to be kept on disciplinary proceedings.
In other books its mentioned as 9 days & 7 in others .May i know exact days to take disciplinary proeedings on him/her with a documented proof please .
From India, Karimnagar
Dear Sir for disciplinary action you read your company’s standing order and as mentioned in standing order you should consider that absenteeism days. Thanks
From India, Shimla
From India, Shimla
My dear friend,
Long back the Apex has held the loss of lein is not the right way to dispose of any employee. For disciplinary actions follow the procedure as per your standing orders. Serve show cause notice, call for explanation, if it is not satisfactory conduct impartial enquiry. The quantum of punishment should be in proportions to quantum of miscoduct. Past records is also very important.
G.K.manjunath
From United States, Cambridge
Long back the Apex has held the loss of lein is not the right way to dispose of any employee. For disciplinary actions follow the procedure as per your standing orders. Serve show cause notice, call for explanation, if it is not satisfactory conduct impartial enquiry. The quantum of punishment should be in proportions to quantum of miscoduct. Past records is also very important.
G.K.manjunath
From United States, Cambridge
The applicable Standing Orders prescribe the condition for presuming loss of lien on appointment. This varies from three days to thirty days or more of unauthorised absence. As a matter of caution, mere absence of prescribed period of absence alone is not sufficient, but before taking action under such presumptive clause, the principles of natural justice has to be complied strictly. So the employee concerned has to be served notice giving opportunity to explain absence and resume duty before drawing presumption. So also when the employee reports back, the explanation for the absence has to be considered and a reasoned decision is taken. The principle behind such a clause is that the employee, instead of formally resigning from service has by his conduct voluntarily relinquished his job and is no longer interested to serve the company. Hence the absence is not only voluntary but also intentional and has to bear the feeling that employee is relinquishing the employment. If the employer is able to prove it, such voluntary abandonment have been upheld by courts.
From India, Mumbai
From India, Mumbai
Dear Colleague, First is built record of his unauthorized absence. Consider his unauthorized absence for past six months. Issue a Show cause Notice mentioning all his absence month wise. Please do forget to mention the loss and hardships that has been caused by his absence. along with the clauses of the standing orders against which the Charges are leveled. Based on the reply received proceed for further disciplinary proceedings. Sharing the procedure of Disciplinary proceedings for your perusal. Please keep in mind friend Some times Unauthorized absence becomes authorized absence.
From India, Chennai
From India, Chennai
Dear Prabhakar,
Kindly note that any employee is bound by either Standing orders or Model standing orders whichever is applicable as yours is a manufacturing industry.
As suggested by seniors here you need to give a show cause notice on his absenteeism,which can be sent directly to his postal address while he is not coming without intimation.
You can act on the employee after reply is received on the Show cause.
Build up records up to three times for final decision if the employee is chronically absent in duties.
As suggested by Mr.Rajan here Unauthorized absenteeism can be come authorized in only exceptional cases when the con-donation of absence is done by HOD on genuine cases. But that should be informed to HR by following all due processes.
From India, Hyderabad
Kindly note that any employee is bound by either Standing orders or Model standing orders whichever is applicable as yours is a manufacturing industry.
As suggested by seniors here you need to give a show cause notice on his absenteeism,which can be sent directly to his postal address while he is not coming without intimation.
You can act on the employee after reply is received on the Show cause.
Build up records up to three times for final decision if the employee is chronically absent in duties.
As suggested by Mr.Rajan here Unauthorized absenteeism can be come authorized in only exceptional cases when the con-donation of absence is done by HOD on genuine cases. But that should be informed to HR by following all due processes.
From India, Hyderabad
Follow all learned members valuable inputs and share status... With Best Regards,Prashant Deshpande
From India, Pune
From India, Pune
Dear HR colleague,
Assuming that your establishment is covered by the I.E .Standing Orders Act, and if you read it carefully, it provides for list of misconducts and disciplinary action as well as punishments governing absenteeism.
You seem to have quoted wrongly the provisions relating to losing lien on the job.
You have stated that the workman is entitled for disciplinary proceedings after losing lien on the job because of his failure to return within 8 days.
There is no such provision for disciplinary proceedings in the Model Standing Orders. After worker has lost lien on the job.
( Unless your state rules provide for it) What is provided that if workman fails to return to work within 8days after the expiry of PL sanctioned or extended as well as to give satisfactory explanation, then he will lose his lien on the job and in that event his name has to be put in Badli register.
Regards,
Vinayak Nagarkar
HR-Consultant.
From India, Mumbai
Assuming that your establishment is covered by the I.E .Standing Orders Act, and if you read it carefully, it provides for list of misconducts and disciplinary action as well as punishments governing absenteeism.
You seem to have quoted wrongly the provisions relating to losing lien on the job.
You have stated that the workman is entitled for disciplinary proceedings after losing lien on the job because of his failure to return within 8 days.
There is no such provision for disciplinary proceedings in the Model Standing Orders. After worker has lost lien on the job.
( Unless your state rules provide for it) What is provided that if workman fails to return to work within 8days after the expiry of PL sanctioned or extended as well as to give satisfactory explanation, then he will lose his lien on the job and in that event his name has to be put in Badli register.
Regards,
Vinayak Nagarkar
HR-Consultant.
From India, Mumbai
Dear Clarification-Seeker,
Unauthorised Absence from Duty shall be counted from the Date of Unauthorised Absense on the expiry of Approved Leave Period of Absence with or withoit Pay
i.e the Date form which s/he started Absenting without Prior and Proper Sanction / Permission or Grant or Pre-Approved Leave of Absense with or without Pay. Following Action-Steps are Expedient:
1. Issue a Proper Charge-Sheet or Explanantion Letter, by Registerd Post AD, mentioning the Date from which s/he is Unauthorizedly Absentiong and informing him/her that his/her Unauthorized Absense from Duty constitute an Act of Misconduct for which s/he is liable to Disciplinary Action and asking her/him to submit his/her Explanation/Reply within Three WorkingDays from the Date of Recipt of the said Charge-sheet as to why Disciplinary Action should not be taken for the said Act of Misconduct alleged against him/her; and
2. On receipt of his/her Explanantion/Reply, consider the Explanantion Submitted and in case the same is Found Unsatisfactory, arrange to issue a Proper Written Office Order informing him/her that an Inquiry has been ordered and an Inquiry Officer Or an Inquiry Committee has been appointed to inquire into the alleged Act of Misconduct in accordance with the Principled of Natural Justice and that s/he should attend the Inquiry Proceedings to defend his/her Action.
3. Appoint a Management Representative to present Management's Case before the Inquiry Officer/Committee; and
4. On completion of the Inquiry Proceedings and receipt of Inquiry Report with Findings, an appropriateDisciplinary Action may be initiated namely Issuing
the Proposed Punishment Letter etc.
For Further Clarification and or Assistance our Competent Team Experts on Domestic Inquiry / Internal Inquiry are Available:
Kritarth Consulting Pvt Ltd,
Bengaluru Centre,
4.4.18
From India, Delhi
Unauthorised Absence from Duty shall be counted from the Date of Unauthorised Absense on the expiry of Approved Leave Period of Absence with or withoit Pay
i.e the Date form which s/he started Absenting without Prior and Proper Sanction / Permission or Grant or Pre-Approved Leave of Absense with or without Pay. Following Action-Steps are Expedient:
1. Issue a Proper Charge-Sheet or Explanantion Letter, by Registerd Post AD, mentioning the Date from which s/he is Unauthorizedly Absentiong and informing him/her that his/her Unauthorized Absense from Duty constitute an Act of Misconduct for which s/he is liable to Disciplinary Action and asking her/him to submit his/her Explanation/Reply within Three WorkingDays from the Date of Recipt of the said Charge-sheet as to why Disciplinary Action should not be taken for the said Act of Misconduct alleged against him/her; and
2. On receipt of his/her Explanantion/Reply, consider the Explanantion Submitted and in case the same is Found Unsatisfactory, arrange to issue a Proper Written Office Order informing him/her that an Inquiry has been ordered and an Inquiry Officer Or an Inquiry Committee has been appointed to inquire into the alleged Act of Misconduct in accordance with the Principled of Natural Justice and that s/he should attend the Inquiry Proceedings to defend his/her Action.
3. Appoint a Management Representative to present Management's Case before the Inquiry Officer/Committee; and
4. On completion of the Inquiry Proceedings and receipt of Inquiry Report with Findings, an appropriateDisciplinary Action may be initiated namely Issuing
the Proposed Punishment Letter etc.
For Further Clarification and or Assistance our Competent Team Experts on Domestic Inquiry / Internal Inquiry are Available:
Kritarth Consulting Pvt Ltd,
Bengaluru Centre,
4.4.18
From India, Delhi
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Check LisCheck List ofr Disciplinary Proceedings Domestic Enquiry 11 Sep 09.doc