1One of our Associate working for 12 hrs shift from 7.00pm to 7.00am, he came to company as per his shift timings and went out at 9.15pm by giving gatepass for dinner and after that he didn't reverted back to his duty and directly came in the morning when his shift was closing he punched outtime and went home.
We have given Show Cause Notice to him but incase if he doesn't revert with his explanation within a prescriped time limit what action a company can take against him. We have union for Associates over here.
Plz suggest......
Awaiting for your reply...........
Thanks & Regards,
Mary
We have given Show Cause Notice to him but incase if he doesn't revert with his explanation within a prescriped time limit what action a company can take against him. We have union for Associates over here.
Plz suggest......
Awaiting for your reply...........
Thanks & Regards,
Mary
From India, Pune
Abstaining from workplace is a serious misconduct on the ground of which you can take action against the employee. If you are certain that he had left workplace and come in the morning to punch time you can prepare a charge sheet describing the charges and proceed with a domestic enquiry. Therefore, wait for the explanation to the show cause notice and if the explanation is not acceptable send a notice stating that explanation is not acceptable and he has to face enquiry.
But one important thing to remember is that a 12 hours duty is against any law in India. Therefore, if the matter comes up for decision before any labour authorities, the first thing that the authority will do is to direct the employer to reduce the working hours or spread over of work. Therefore, it would be good if you drop the matter by warning the employee for the time being.
Regards,
Madhu.T.K
From India, Kannur
But one important thing to remember is that a 12 hours duty is against any law in India. Therefore, if the matter comes up for decision before any labour authorities, the first thing that the authority will do is to direct the employer to reduce the working hours or spread over of work. Therefore, it would be good if you drop the matter by warning the employee for the time being.
Regards,
Madhu.T.K
From India, Kannur
Ya, I think Madhu is right, maximum limit as per the Factory Act is 48 hours per week. So if your matter comes up before Labour Courts you will land up in a problem, So better warn him and leave the matter here itself.
Regards,
Anand
From India, Bangalore
Regards,
Anand
From India, Bangalore
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