ommygautam
78

Dear,
kindly go through your company policy & Company Standing order. if its clear mention in your policy/ Standing order for termination with such type misconduct;then you can. otherwise you cannot. secondly if have already issue him show cause notice for absent then issue once again strong show cause notice and write in notice that- if you revise such type of absent in future then management is bound to take strong action against you for which you are fully responsible.

From India, Rudarpur
mba.syria
1

Dear

I just would like to mention for the following important notes from my point of view :

when the mentioned employee joined the company , is there a clear policy of working hours & attendance , if not , you have to do it as soon as possible and let all employees aware of the disciplinary procedures , the same for vacation policy , you should announced it in very clear place so all employees are able to read it .



absenteeism rate is very relative to employees satisfaction rate , so we need to know if this issue was happened before with another employee , or it just happened for the mentioned employee , if it repeated a lot , you have to find a solution for the source of problem , better than dealing with the result

warning letter and apologize letter are very good solution from the law side , you have to clearly specified the reason of warning letter

and your warning letter must include acceptance from the employee prior to putting it his his personnel file , and here , As hr , we need to know his performance , if it was poor or acceptable ,

this procedure is a must , to let all employees in your firm respect the rules ,

now we dealing with 2 issues

First , absence on work without justified reason

Second , submit false declaration about his absence and you have to be sure of that , not merely listen to other speech



Finally, I propose the following :

Warning letter is a must

reasons of warning letter will depend on your answer for the above

you will state in your warning letter , that such action will lead to appropriate disciplinary action , including terminate from service

Hope my points will be useful for you

BR

From Syrian Arab Republic, Aleppo
tarte_ambarish
5

You mentioned that the employee has been terminated by his previous employer. Does that not ring a bell?
Something's fishy. He might have been held accountable for something and had to pay the price. You would anyway not want to continue with such an employee. To keep things simple, confront him and request him to put his papers down.
By doing this, your organization is not hampering his career. He can have the experience certificate from you and move on elsewhere.

From India, Mumbai
sumitk.saxena
252

Dear all, Rather to terminate please go through the problems of concern employee and solve the same getting 40 employees termination may cause the huge loss to company also. sumit
From India, Ghaziabad
tarte_ambarish
5

Hi Amit,
Firstly, I had a torrid time understanding what you have written above.
Secondly, I think we must address each other professionally as this is a professional online forum
Lastly, let me tell you that requesting an employee to resign (and not forcing him to do so) does not invite a problem for the organization.

From India, Mumbai
giftygracey
1

Dear
Termination is not a final solution. you just try to probe the real cause and then initiate necessary action against him. if it is habitual, issue him a warning letter instructing him to be regular, failing which you take a strict action against his "misconduct".
Regards
Lawrence.s

From India, Madras
ratikanta
14

Dear ra7881,
You can not terminated him from job. If he will go to labour office management will bound to take him back. And in this position being a HR person you will be in a humiliation position. You can issued Warning letter/ show cause notice but can't terminated him. As u said in earlier your company don't have any certified standing order so you can refer Model standing order for your reference.
Ratikanta Rath

From India, Durgapur
rajanlawfirm
6

For six days absenteeism ,you need to first issue a call letter asking him to report for work ,thereafter if he fails to then you can initiate disciplinary action.
rajanlawfirm
Pls see https://www.citehr.com/285737-legal-...-industry.html

From India, Madras
saswatabanerjee
2395

I think the fact that he has lied about the reason of his leave is enough to initiate action on disciplinary grounds. You will need to issue a show cause notice. Conduct an internal inquiry and then you can terminate him following all the procedure.
However, you need to gather evidence that his wife was not sick buy very much actively campaigning.

From India, Mumbai
rama_murthy
Dear Friend
1. Straight away you can not terminate any employee, if he is in permanent rolls.
2. Even to issue a memo also you need to have minimum 7 days absent without prior intimation.
3. If yiur company doesn't have Standing Orders, then you can follow the Model Standing Orders, and which you need to mention in the Warning letter / Memo / Show Cause Notice.
4. In any case, particularly in Workmen level, you need to build up the FIle.
Hence try to encash such opportunities and start building file by issuing Show Cause Notices / Charge Sheets.
If the case is Chronic then you can use all the documents as Weapons
Regards
Murthy
GM - HR

From India, Hyderabad
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