Respected Seniors,I want to take your advice on an absconding case in my company.An employee is not reporting on duty from december onwards. I had issued 3 Absentism letter on his name but due to some confusion i had sent these letters to his Temporary Address.When i come to know that there is permanent address is also present somwhere in his personnel file, i had issued a one more warning letter giving reference of all the letters to his temporary and permanent address.Now my confusion is that what to do next, can we draft a chargesheet on his name and conduct domestic inquiry or since he is absconding from last some months, we directly issue termination letter on his name.Plz advice what to do next.RegardsRanjeet
From India, New Delhi
11From India, New Delhi
I believe you must have the HR policies of the company stating that if a particluar employee does not turn up after 5 continuous days of absenteeism - with no notice, then he is terminated??
Well, we have one like that. In this co as well as previous co.
I think - you shuld go for Termination with final notice becos - it was his reponsibility to keep you posted on the absence. He must have taken an offer elsewhere, where that co must have wanted him to join immediately.
Anyways - pls pls pls ensure if the company policies states anything on such circumstances.
Discuss with your seniors and decide if you'd have to go in for domestic inquiry.
Thanks
From India, Madras
Well, we have one like that. In this co as well as previous co.
I think - you shuld go for Termination with final notice becos - it was his reponsibility to keep you posted on the absence. He must have taken an offer elsewhere, where that co must have wanted him to join immediately.
Anyways - pls pls pls ensure if the company policies states anything on such circumstances.
Discuss with your seniors and decide if you'd have to go in for domestic inquiry.
Thanks
From India, Madras
Dear Ash,I just want to correct you in this concept.Company make their policies in light of Labour Laws and other statuary requirement.When there is an employee who is working in ur organisation for more than 25 years you cannot terminate him directly only in case of 5 continuos days of absentism.We have to take some more steps which should be legayy correct.RegardsRanjeet
From India, New Delhi
From India, New Delhi
If he has worked for 25 years then I am nt sure of wat exactly can be done...
But, there must be his peers who are well aware of the situation on wats happening at his end. Its over 3 months since this person has nt reported....
Try finding out the reason and side by side wrk along with ur seniors on this issue.
From India, Madras
But, there must be his peers who are well aware of the situation on wats happening at his end. Its over 3 months since this person has nt reported....
Try finding out the reason and side by side wrk along with ur seniors on this issue.
From India, Madras
Dear Jeeni
of course the termination is subject to the HR policy of the company. But if employee is absenting without prior information and permission, then after givie him notices to come back to report for duty alongwith the reason of abssence, if employee does not turn up, then for safer side it is better to conduct a enquiry naturally exparte enquiry and dismiss following the provisions of the law.
From India, Delhi
of course the termination is subject to the HR policy of the company. But if employee is absenting without prior information and permission, then after givie him notices to come back to report for duty alongwith the reason of abssence, if employee does not turn up, then for safer side it is better to conduct a enquiry naturally exparte enquiry and dismiss following the provisions of the law.
From India, Delhi
Dear Ranjeet,
If an employee is not reporting for a long period despite reminders sent from your side, it shall be deemed that he has abandoned the job. He can be terminated without conducting a domestic enquiry also. However, to be of safer side you can follow these steps.
1. Since you have already issued two or three warning letters, you can send another letter to his permanent address and also past a copy on the notice board of the company calling on him to show cause why action including discharge should not be taken against him.
2. The letter should be so worded that it gives an impression that the employee has left/ abandoned the job and is no more interested to continue with you. The letter should direct him to explain the reasons for his absence without intimation and should caution him of the consequences which includes termination without further notice or opportunity of being heard.
3. If he does not turn up with reply, a termination letter shall be sent to the address with a copy to notice board for display.
I believe that you are working with TATA or some other big establishment. Am I wrong? If so, you may have some provisions in the Standing Orders in this regard. Please go through that and ensure if any notice is required to be given in the newspapers. Publishing show cause notice in the newspapers depends on the category of the employee and the responsibility being held by him. Normally, for managerial personnels it is always desirable to publish it so that any person who happends to deal with him shall also be cautioned of the charges levelled against such employee.
Conducting of enquiry is relevant only when he refuses the charges. If so, you can proceed with domestic enquiry.
Regards,
Madhu.T.K
From India, Kannur
If an employee is not reporting for a long period despite reminders sent from your side, it shall be deemed that he has abandoned the job. He can be terminated without conducting a domestic enquiry also. However, to be of safer side you can follow these steps.
1. Since you have already issued two or three warning letters, you can send another letter to his permanent address and also past a copy on the notice board of the company calling on him to show cause why action including discharge should not be taken against him.
2. The letter should be so worded that it gives an impression that the employee has left/ abandoned the job and is no more interested to continue with you. The letter should direct him to explain the reasons for his absence without intimation and should caution him of the consequences which includes termination without further notice or opportunity of being heard.
3. If he does not turn up with reply, a termination letter shall be sent to the address with a copy to notice board for display.
I believe that you are working with TATA or some other big establishment. Am I wrong? If so, you may have some provisions in the Standing Orders in this regard. Please go through that and ensure if any notice is required to be given in the newspapers. Publishing show cause notice in the newspapers depends on the category of the employee and the responsibility being held by him. Normally, for managerial personnels it is always desirable to publish it so that any person who happends to deal with him shall also be cautioned of the charges levelled against such employee.
Conducting of enquiry is relevant only when he refuses the charges. If so, you can proceed with domestic enquiry.
Regards,
Madhu.T.K
From India, Kannur
Based on enquiry report terminate him and paid him all his legal dues if any. I hope this will solve your query. Regards, Mahesh
From India, Pune
From India, Pune
dear
suppose your employees who is absent from dec onwards is seriously sick and admitted to hospital from that day onwards and all his family members are taking care for him in hospital.today u terminate his services and tomorrow he comes with medical certificate issued by hospital.so in my view domestic enqiry is must before termination and enquiry to be copnducted as per principal of natural justice.
company policies has to be framed by taking dfifferent laws in to consideration.
you can not make policy as your own.
tks
j s malik
From India, Delhi
suppose your employees who is absent from dec onwards is seriously sick and admitted to hospital from that day onwards and all his family members are taking care for him in hospital.today u terminate his services and tomorrow he comes with medical certificate issued by hospital.so in my view domestic enqiry is must before termination and enquiry to be copnducted as per principal of natural justice.
company policies has to be framed by taking dfifferent laws in to consideration.
you can not make policy as your own.
tks
j s malik
From India, Delhi
Hi,
Please bear in mind that whenever, the services of any employee is to be terminated by way of dismissal/ discharge for commission of any misconduct like "absenteeism', it is prudent to follow the procedure of (1). Communication of charges through a Charge sheet, (2). holding of a domestic enquiry,and (3). Passing of final orders based on the enquiry report. If the employee doesnt appear in the enquiry, an ex-pate enquiry can be held after informing him on the "last known address" as per company's record. A copy of the intimation can be displayed on the notice board.
This is the safest method of dealing with disciplinary cases. It is better not to attempt short cuts as in the event the matter lands in a court of law, one finds it difficult to defend the case.
Cyril
From India, Nagpur
Please bear in mind that whenever, the services of any employee is to be terminated by way of dismissal/ discharge for commission of any misconduct like "absenteeism', it is prudent to follow the procedure of (1). Communication of charges through a Charge sheet, (2). holding of a domestic enquiry,and (3). Passing of final orders based on the enquiry report. If the employee doesnt appear in the enquiry, an ex-pate enquiry can be held after informing him on the "last known address" as per company's record. A copy of the intimation can be displayed on the notice board.
This is the safest method of dealing with disciplinary cases. It is better not to attempt short cuts as in the event the matter lands in a court of law, one finds it difficult to defend the case.
Cyril
From India, Nagpur
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