The original question is whether an employer can terminate the services of an employee who is continuously absent even after the former's reminder to rejoin forthwith and the immediate answer given by Mr.Dinesh is an appropriate one as the case is one of abandonment of service by unauthorised absence.
From India, Salem
6018From India, Salem
Dear MrAmit Ashtha,
Your Query:- "If an employee has been absenting since more than 20 days without any intimation and even still not joining - what can be done - Can we terminate the employee without giving any settlement on the ground business loss? dated 2nd June 2017."
Position: "Unauthorized Absence from Duty, for whatever period/duration/no of days constitute /amounts to act of Misconduct for which necessary Disciplinary Action can be / should be initiated for the sake of maintaining & promoting Workplace Discipline as per the Provisions of the Model Standing Orders /Service Rules framed under the applicable Shops &Establishment Acts, as the case may be.
Further, since taking appropriate Disciplinary Action for the said act of Misconduct by the Employer is Non-Negotiable and the sole Privilege/Prerogative of the Employer, following Action-Steps, ab initio, need to be taken immediately:
i) A Charge-sheet or an Explanation Letter be framed clearly and categorically mentioning therein the Date from which the said Worker/Employee started absentig from his/her duty without any information or permission after thoroughly checking the Attendance Record and giving/affording reasonable opportunity to him/her to explain the misconduct (be guided by the relevant provision in your SO or Service Rules in respect of No of Days; generally the reasonable opportunity is the total time of delivering the Regd Envelops plus Two/Three additional days);
ii) The Charge-sheet/Explanation Letter be issued to him/her by Regd Post with his/her Home (Permanent) as well the Local (Present) Postal Addresses correctly mentioned on the Envelops; and
iii) In case these Regd Envelops are returned undelivered by the Postal Authorities with the Remarks either ..." Addresee Refused to receive".. or "Addresee Not Found at the Adress", preseve these Two Envelops as Record for future reference purposes;
iv) An Officer Order be issueed under signature of the Authorized/Punishing Authority informing the Charge-sheeted Employee about the Employer's Decision to hold an Inquiry in the said Act of Misconduct; Appointing an Inquiry Officer or Inquiry Committee to enquire into the allegation/act of misconduct with a view to ascertain the Facts pf the Case and submit Inquiry Report with Findings after following the Principles of Natural Justice as well as the Inquiry Procedures laid down for such Departmental/Internal Inquiry; and also nominating/naiming an Officer/Executive to present the related Facts/Data before the Inquiry Officer as Management Representative;
v) The Inquiry Officer need to issue Inquiry Notice to the said absenting Employee intimating to him/her the Date, Time and Place of Inquiry as scheduled and advising him/her to attend the Inquiry Proceedings to defend his/her Misconduct alleged;
vi) In case the said absenting Employee attends the Inquiry to defend his/her action/misconduct alleged full Inquiry Proceedings as prescribed be followed;
v) However, in case, s/he absents/abstains from attending the schedyuled Inquiry Proceedings on the Date,time and Place informed to him/her, the Inquiry Officer need to give him/her "yet another opportunity" to appear before Inquiry Officer to defend his/heraction/alleged misconduct by adjourning Inquiry to another Date and intimating to him/her about the same adjournment by Regd Post;
vi) On the next Date, the Inquiry Officer may decide to hold/proceed with ex-parte Inquiry Proceedings in case the charge-sheeted Employee does not turn up/show up to take part in the Inquiry and after examing the Materials-on-Record presented by the M R, and conclude the Inquiry;
vi) Once the Inquiry Officer submits/forwards the Inquiry Report with Findings, the Punishing Authority can excercise his/her discretion to award the Punishment for the act of Misconduct keeping in mind the Provisions of the applicable SO / SR relating to quantum of Punishment ( which need to be proportionate);
vii) The Punishing Authority need to communicate the Punishment for the said act of Punishment to the said absenting Employee and give an opportunity to submit his/her "Representation againtst the proposed Punishment: if any; and
viii) The Punishing Authority may thereafter issue Punishment Letter by Regd Post, as stated before, after due and diligent consideration of his/herRepresentation received /not recieved , as the case may be;
The Employer is at this stage, free to decide further action to manage the Work.
May be, you decide to seek further calrification in the matter and Team Kritarth is always available for the same.
Team Kritarth,
4.6.2017
From India, Delhi
Your Query:- "If an employee has been absenting since more than 20 days without any intimation and even still not joining - what can be done - Can we terminate the employee without giving any settlement on the ground business loss? dated 2nd June 2017."
Position: "Unauthorized Absence from Duty, for whatever period/duration/no of days constitute /amounts to act of Misconduct for which necessary Disciplinary Action can be / should be initiated for the sake of maintaining & promoting Workplace Discipline as per the Provisions of the Model Standing Orders /Service Rules framed under the applicable Shops &Establishment Acts, as the case may be.
Further, since taking appropriate Disciplinary Action for the said act of Misconduct by the Employer is Non-Negotiable and the sole Privilege/Prerogative of the Employer, following Action-Steps, ab initio, need to be taken immediately:
i) A Charge-sheet or an Explanation Letter be framed clearly and categorically mentioning therein the Date from which the said Worker/Employee started absentig from his/her duty without any information or permission after thoroughly checking the Attendance Record and giving/affording reasonable opportunity to him/her to explain the misconduct (be guided by the relevant provision in your SO or Service Rules in respect of No of Days; generally the reasonable opportunity is the total time of delivering the Regd Envelops plus Two/Three additional days);
ii) The Charge-sheet/Explanation Letter be issued to him/her by Regd Post with his/her Home (Permanent) as well the Local (Present) Postal Addresses correctly mentioned on the Envelops; and
iii) In case these Regd Envelops are returned undelivered by the Postal Authorities with the Remarks either ..." Addresee Refused to receive".. or "Addresee Not Found at the Adress", preseve these Two Envelops as Record for future reference purposes;
iv) An Officer Order be issueed under signature of the Authorized/Punishing Authority informing the Charge-sheeted Employee about the Employer's Decision to hold an Inquiry in the said Act of Misconduct; Appointing an Inquiry Officer or Inquiry Committee to enquire into the allegation/act of misconduct with a view to ascertain the Facts pf the Case and submit Inquiry Report with Findings after following the Principles of Natural Justice as well as the Inquiry Procedures laid down for such Departmental/Internal Inquiry; and also nominating/naiming an Officer/Executive to present the related Facts/Data before the Inquiry Officer as Management Representative;
v) The Inquiry Officer need to issue Inquiry Notice to the said absenting Employee intimating to him/her the Date, Time and Place of Inquiry as scheduled and advising him/her to attend the Inquiry Proceedings to defend his/her Misconduct alleged;
vi) In case the said absenting Employee attends the Inquiry to defend his/her action/misconduct alleged full Inquiry Proceedings as prescribed be followed;
v) However, in case, s/he absents/abstains from attending the schedyuled Inquiry Proceedings on the Date,time and Place informed to him/her, the Inquiry Officer need to give him/her "yet another opportunity" to appear before Inquiry Officer to defend his/heraction/alleged misconduct by adjourning Inquiry to another Date and intimating to him/her about the same adjournment by Regd Post;
vi) On the next Date, the Inquiry Officer may decide to hold/proceed with ex-parte Inquiry Proceedings in case the charge-sheeted Employee does not turn up/show up to take part in the Inquiry and after examing the Materials-on-Record presented by the M R, and conclude the Inquiry;
vi) Once the Inquiry Officer submits/forwards the Inquiry Report with Findings, the Punishing Authority can excercise his/her discretion to award the Punishment for the act of Misconduct keeping in mind the Provisions of the applicable SO / SR relating to quantum of Punishment ( which need to be proportionate);
vii) The Punishing Authority need to communicate the Punishment for the said act of Punishment to the said absenting Employee and give an opportunity to submit his/her "Representation againtst the proposed Punishment: if any; and
viii) The Punishing Authority may thereafter issue Punishment Letter by Regd Post, as stated before, after due and diligent consideration of his/herRepresentation received /not recieved , as the case may be;
The Employer is at this stage, free to decide further action to manage the Work.
May be, you decide to seek further calrification in the matter and Team Kritarth is always available for the same.
Team Kritarth,
4.6.2017
From India, Delhi
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