Dear Senior,
This is reference to employee termination in case of unauthorized absence ,
we have one permanent employee who have habit for habitual absence, so many
we issued him show cause & warning note but again he is on unauthorized absence from 09/11/12 days ,in this matter I have dispatched first letter for unauthorized absence (48 hour time mention for explanation) to his permanent & temporarily address via reg.post dated 15/11/12 after that we have not receipt any response & reply for the same then I have issued him first show case with 48 hour time mention for explanation dated 21/11/12 but till date we are not getting any reply from employee side & now till date he absent ,what next step should be taken in this matter. If I terminate the employee then what continuous process should be taken in this matter .
Kindly suggest & advice for the same.
Regards,
Vishal
From India, Haldwani
30This is reference to employee termination in case of unauthorized absence ,
we have one permanent employee who have habit for habitual absence, so many
we issued him show cause & warning note but again he is on unauthorized absence from 09/11/12 days ,in this matter I have dispatched first letter for unauthorized absence (48 hour time mention for explanation) to his permanent & temporarily address via reg.post dated 15/11/12 after that we have not receipt any response & reply for the same then I have issued him first show case with 48 hour time mention for explanation dated 21/11/12 but till date we are not getting any reply from employee side & now till date he absent ,what next step should be taken in this matter. If I terminate the employee then what continuous process should be taken in this matter .
Kindly suggest & advice for the same.
Regards,
Vishal
From India, Haldwani
Dear Vishal
First of all whether your company having certified standing order. If yes please prepare the showcause notice with the standing order classes. I am attaching the procedure for discipilinary action. go through carefully.
Please prepare a domestice enquiry notice and send it to his latest known address. If it was not surved and returned back, put one copy in the notice board and publish in the local language news paper. wait for some more day. If not turned then conduct the enquiry without him and put exparty and send the findings to his address and close the file. Please do not do any thing in hurry. follow the principle of natural justice carefully.
regards
Alphonse
9443625359
From India, Madras
First of all whether your company having certified standing order. If yes please prepare the showcause notice with the standing order classes. I am attaching the procedure for discipilinary action. go through carefully.
Please prepare a domestice enquiry notice and send it to his latest known address. If it was not surved and returned back, put one copy in the notice board and publish in the local language news paper. wait for some more day. If not turned then conduct the enquiry without him and put exparty and send the findings to his address and close the file. Please do not do any thing in hurry. follow the principle of natural justice carefully.
regards
Alphonse
9443625359
From India, Madras
Dear Vishal,
Two show cause or warning letter is enough to remind an absconding employee. If you don't get any response you can send the termination letter to his address.
Also make an F & F settlement statement and send the same to the employee address.
If you don't have any policy or process regarding absconding employee, then make it and amend the same in your company policy.
From India, Mumbai
Two show cause or warning letter is enough to remind an absconding employee. If you don't get any response you can send the termination letter to his address.
Also make an F & F settlement statement and send the same to the employee address.
If you don't have any policy or process regarding absconding employee, then make it and amend the same in your company policy.
From India, Mumbai
Dear Sir,
Thanks for reply & valuable advice.
Recently I have submitted five drafted copy of standing order to certifying office but
till date it is not certified, it is pending due to hearing for reason , worker are not agree to come on hearing date with DLC because he wants to delete employee transfer clause while it is mention as principle of natural of justice & I already instructed them for the same .In this matter we continuous receive hearing dates
from DLC. please help & advice for the same.
&
Now Model Standing order is applicable on for us ,can I follow above mention instruction which you mention on your advice. As per your instruction I have prepared domestic enquiry notice . please suggest & advice .
Regards,
Vishal
From India, Haldwani
Thanks for reply & valuable advice.
Recently I have submitted five drafted copy of standing order to certifying office but
till date it is not certified, it is pending due to hearing for reason , worker are not agree to come on hearing date with DLC because he wants to delete employee transfer clause while it is mention as principle of natural of justice & I already instructed them for the same .In this matter we continuous receive hearing dates
from DLC. please help & advice for the same.
&
Now Model Standing order is applicable on for us ,can I follow above mention instruction which you mention on your advice. As per your instruction I have prepared domestic enquiry notice . please suggest & advice .
Regards,
Vishal
From India, Haldwani
Dear Vishal:
Notwithstanding the status of Standing Orders (pun intended!), first & foremost, please have clarity in your mind as to what is the end goal ? How does the Management and his immediate HOD look at him? Do you want him back (as an HR you must weigh this option carefully and before you take any action) or do you want to get rid of him? Both goals have different set of solutions. Homework is critical in such cases.
In this case, you have already issued two Show Cause Notices, so there may not be recourse, I guess.
Regards,
Kalpana Iyer
From India, Pune
Notwithstanding the status of Standing Orders (pun intended!), first & foremost, please have clarity in your mind as to what is the end goal ? How does the Management and his immediate HOD look at him? Do you want him back (as an HR you must weigh this option carefully and before you take any action) or do you want to get rid of him? Both goals have different set of solutions. Homework is critical in such cases.
In this case, you have already issued two Show Cause Notices, so there may not be recourse, I guess.
Regards,
Kalpana Iyer
From India, Pune
in this case initially you have issue a final reminder(register post in latest communication) which you will advised her/him duty join the duty with in 15 days time or else cessation of his employment.and wait for the next 15 days - then employee is continuing his absenteeism you should issue charge sheet against him
From India, Thiruvananthapuram
From India, Thiruvananthapuram
in this case initially you have issue a final reminder(register post in latest communication) which you will advised her/him duty join the duty with in 15 days time or otherwise cessation of his employment.and wait for the next 15 days - then employee is continuing his absenteeism you should issue charge sheet against him
From India, Thiruvananthapuram
From India, Thiruvananthapuram
Dear Vishal ji,
I do not agree with Shri. Shenbagarajan ji. Even the employee does not turn up despite notices / SCN, domestic enquiry is must.
Mumbai HC in Mahamadsha Patel v/s Mastanbaug case, it is observed that ordinarily, abandonment of service by employee can not be presumed. It is held that in such a case the legal position is almost settled that even in the case of abandonment of service by employee, the employer has to give notice to the employee calling upon him to resume his duties. And if employee does not turn up despite such notice, the employer should hold an enquiry on that ground and then pass the appropriate order of termination.
Thanks with regards.
Keshav Korgaonkar
Shantadurgaent.com,Insurance Advisors,Corporate Advisors,Legal Advise,Wage and salary,Shantadurgaent.com,Labour Compliance Audit,SSI registration,NOC from
From India, Mumbai
I do not agree with Shri. Shenbagarajan ji. Even the employee does not turn up despite notices / SCN, domestic enquiry is must.
Mumbai HC in Mahamadsha Patel v/s Mastanbaug case, it is observed that ordinarily, abandonment of service by employee can not be presumed. It is held that in such a case the legal position is almost settled that even in the case of abandonment of service by employee, the employer has to give notice to the employee calling upon him to resume his duties. And if employee does not turn up despite such notice, the employer should hold an enquiry on that ground and then pass the appropriate order of termination.
Thanks with regards.
Keshav Korgaonkar
Shantadurgaent.com,Insurance Advisors,Corporate Advisors,Legal Advise,Wage and salary,Shantadurgaent.com,Labour Compliance Audit,SSI registration,NOC from
From India, Mumbai
Dear all: Pl. check whether there is a provision for striking off name in the Model S.O. applicable to Uttarakhand Industries. Assuming it to be there an opportunity letter is to be issued stating that the employee is absenting since ---- (the first date of absence) and the provision for striking off name under the Model S.O. is attracted in the matter (Mind you, in calculating the number of days only working days have to be included and this opportunity letter is issued after the absence of days as specified in Model S.O. are over). and unless he reports for duty within three days of receipt of the letter, his name would be struck off the rolls of the company. If the employee does not turn up by the date specified, you can take action and remove him from service. Importantly, service of the opportunity letter is very important and it is to be ensured as per the rules and in a worst case a newspaper advertisement would suffice. Always the better option is to take the disciplinary action route for which the process is already with you, thanks to Alphonse
Regards
KK
From India, Bhopal
Regards
KK
From India, Bhopal
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