Dear all,
Can anybody help me to sort out the following problem.
In my company, 3 daily-rated monthly paid permanent workers are absenting from work since 19/10/2007. In our standing order it is mentioned that After 8 fays of continuous absence, it is presumed that the worker has voluntarily left employement.
I have sent registered notice asking the workers to show cause why action should not be taken against him for unauthorizedly from work. It was also mentioned in the notice that if no reply is received within 3 days it would be presumed that the worker has voluntarily left employment and his name will be removed from the rolls of the company.
One registered notice returned mentioning that the addressee has left India.
The other notice was returned mentioning “Absent”
The other notice was received by him but no reply was given.
It is clear that they may not have any intention to continue in employement since they have not given any reply nor received the notice.
What is the next step I should take in this situation.
Do I need to send him another notice under certificate of posting.
Do I need to conduct a domestic enquiry to remove him from the rolls.
Please also let me know what is the procedure to be adopted in such situations.
Regards,
Sebuks.
From India, Kochi
2Can anybody help me to sort out the following problem.
In my company, 3 daily-rated monthly paid permanent workers are absenting from work since 19/10/2007. In our standing order it is mentioned that After 8 fays of continuous absence, it is presumed that the worker has voluntarily left employement.
I have sent registered notice asking the workers to show cause why action should not be taken against him for unauthorizedly from work. It was also mentioned in the notice that if no reply is received within 3 days it would be presumed that the worker has voluntarily left employment and his name will be removed from the rolls of the company.
One registered notice returned mentioning that the addressee has left India.
The other notice was returned mentioning “Absent”
The other notice was received by him but no reply was given.
It is clear that they may not have any intention to continue in employement since they have not given any reply nor received the notice.
What is the next step I should take in this situation.
Do I need to send him another notice under certificate of posting.
Do I need to conduct a domestic enquiry to remove him from the rolls.
Please also let me know what is the procedure to be adopted in such situations.
Regards,
Sebuks.
From India, Kochi
Dear
In all probabilities it is a case of abandonment. Since they are workers,termination shouldbe as per the legal process.The steps noted in your post sounds ok.Follow them. Additionally when the Notice for conducting Domestic Enquiry is sent and returned un served you may have to cause a Newspaper Publication.
with kind regards,
V.Sounder Rajan
Chennai – 600 001.
Off : 044-42620864, 044-65874684
,
From India, Bangalore
In all probabilities it is a case of abandonment. Since they are workers,termination shouldbe as per the legal process.The steps noted in your post sounds ok.Follow them. Additionally when the Notice for conducting Domestic Enquiry is sent and returned un served you may have to cause a Newspaper Publication.
with kind regards,
V.Sounder Rajan
Chennai – 600 001.
Off : 044-42620864, 044-65874684
,
From India, Bangalore
Dear Sebuks
Greetings
You have to conduct domestic enquiry for long absenteeism and prove that the delinquent is at fault. If they not receiving the memos or notices you have to publish in the local daily in vernacular language. Also give two more chances of representation by sending the letter of domestic enquiry at the appointed place.
If they not turned for more than two times, the domestic enquiry can be done as exparte and the findings can be sent to Management. Based on the findings management can terminate the delinquent as per law.
Cheers
Trisha
HR Professional
From India, New Delhi
Greetings
You have to conduct domestic enquiry for long absenteeism and prove that the delinquent is at fault. If they not receiving the memos or notices you have to publish in the local daily in vernacular language. Also give two more chances of representation by sending the letter of domestic enquiry at the appointed place.
If they not turned for more than two times, the domestic enquiry can be done as exparte and the findings can be sent to Management. Based on the findings management can terminate the delinquent as per law.
Cheers
Trisha
HR Professional
From India, New Delhi
Dear,
Both Trisha and Rajan are correct. First publish in newspaper asking them to join or reply as to why they have yet not joined. Pl give date for the same. Then if they dont respond, send letters to them for conducting domestic enquiry and still if they dont communicate, conduct exparte enquiry and terminate them.
You need to do all this only to make your case strong and if the termination is challenged in court you have all documents ready to prove that you have taken all measures to communicate to the employee and then only took this decision.
Regards,
Nilendra
Both Trisha and Rajan are correct. First publish in newspaper asking them to join or reply as to why they have yet not joined. Pl give date for the same. Then if they dont respond, send letters to them for conducting domestic enquiry and still if they dont communicate, conduct exparte enquiry and terminate them.
You need to do all this only to make your case strong and if the termination is challenged in court you have all documents ready to prove that you have taken all measures to communicate to the employee and then only took this decision.
Regards,
Nilendra
Hi Friend,
As you said, your company Standing instructions says continuous leave for more that 8 days presumed to be voluntarily left employment.
you have already send an registered notice each of the three employees, but proper response has not received.In that case, please consult with the management and take a necessary actions and terminate from the roll of regular attendance.
There is no point in sending again an notice , in lack of attitude problem with an employees.
Regards,
Saravana
Executive - HR
From India, Madras
As you said, your company Standing instructions says continuous leave for more that 8 days presumed to be voluntarily left employment.
you have already send an registered notice each of the three employees, but proper response has not received.In that case, please consult with the management and take a necessary actions and terminate from the roll of regular attendance.
There is no point in sending again an notice , in lack of attitude problem with an employees.
Regards,
Saravana
Executive - HR
From India, Madras
Hi
As per the Bombay Shops and Establishments Act,
Duration of service Min Notice Period
1 year or more 30 days
Less than 1 year but
More than 3 months 14 days
Exception
In case of misconduct, we can dispense with notice.
As per Act, following covered as misconduct shall include
1. absence from service without notice in writing or without sufficient reasons for seven days or more;
2. going on or abetting a strike in contravention of any law for the time being in force ; and
3. Causing damage to the property of his employer.
My queestion, do we (other factory) have to conduct Domestic equiry in case of unauthorised absenteeism?
From India, Gurgaon
As per the Bombay Shops and Establishments Act,
Duration of service Min Notice Period
1 year or more 30 days
Less than 1 year but
More than 3 months 14 days
Exception
In case of misconduct, we can dispense with notice.
As per Act, following covered as misconduct shall include
1. absence from service without notice in writing or without sufficient reasons for seven days or more;
2. going on or abetting a strike in contravention of any law for the time being in force ; and
3. Causing damage to the property of his employer.
My queestion, do we (other factory) have to conduct Domestic equiry in case of unauthorised absenteeism?
From India, Gurgaon
Thank you all for your valuabel comments,
Is absenteesm to be considered as an offense which should be gone through an enquiry, where no letter, no information, is sent by the employee. It is also to be note that he is unwilling to receive the notices sent by the management or he has left india without any information. Is it not his liability to inform the management in case of his inconvenience to attned job if he has not abandoned the employement?
regards,
sebuks
From India, Kochi
Is absenteesm to be considered as an offense which should be gone through an enquiry, where no letter, no information, is sent by the employee. It is also to be note that he is unwilling to receive the notices sent by the management or he has left india without any information. Is it not his liability to inform the management in case of his inconvenience to attned job if he has not abandoned the employement?
regards,
sebuks
From India, Kochi
in such case, we have simply creat record before terminating their services...by sending a letter (by R. P. A. D.) covering two point.. 1. unauthorised absenteeism and 2 requested them to join back ___ on before or before (date0
From India, Gurgaon
From India, Gurgaon
Dear Sir, already u have company standing order- in that mentioned,whose unauthorised absent more than 8 days so take decison the same. but u followthe legal procedure like domestic enquiry procedure.firstly we give him to chance to his opinion- we learn "Principle of natural justice".with warm regards,malsidhastudent trainee.
From India, Pune
From India, Pune
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