Unauthorized absence may lead to dismissal. One of our employees has a habit of being absent without obtaining prior leave approval. Can we terminate his employment? If so, what is the procedure for doing so?
If the Courts interfere with the punishment of dismissal (under section 11-A of the Industrial Disputes Act), what steps should we take?
From India, Coimbatore
Acknowledge(0)
Amend(0)
46If the Courts interfere with the punishment of dismissal (under section 11-A of the Industrial Disputes Act), what steps should we take?
From India, Coimbatore
Acknowledge(0)Amend(0)
Hi,
Issue him a memo stating his unauthorized absenteeism. Warn him. If no change, issue a second memo stating the reasons. Then issue him a show cause. Allow him to explain, but if still no change, then terminate him, stating the reasons. If he is your permanent employee, you have to conduct a domestic enquiry. Refer to the standing orders of the company. If you are able to justify the termination through proper records, then you need not worry.
Regards,
Rajeev Dixit
From India, Bangalore
Acknowledge(0)Amend(0)
Issue him a memo stating his unauthorized absenteeism. Warn him. If no change, issue a second memo stating the reasons. Then issue him a show cause. Allow him to explain, but if still no change, then terminate him, stating the reasons. If he is your permanent employee, you have to conduct a domestic enquiry. Refer to the standing orders of the company. If you are able to justify the termination through proper records, then you need not worry.
Regards,
Rajeev Dixit
From India, Bangalore
Acknowledge(0)Amend(0)
Dear Mr. Karthik,
It is not an easy job to terminate an employee for habitual absenteeism. You have to look at various aspects of the law. How many days has he been absent? What about his past records? Have you conducted any inquiry about his absenteeism and initiated any disciplinary action?
Now, you send a call letter asking him to report for duty immediately; otherwise, disciplinary action will be initiated. Like that, you start sending one letter after another. Prepare a Show Cause Notice cum charge sheet detailing the absenteeism. Conduct an impartial inquiry and, based on the findings of the inquiry officer and after analyzing the past records, initiate appropriate action. Do not come to the conclusion that management can terminate the employee as he is found guilty. The courts view differently under Sec. 11/A of the ID ACT. If he has been absent continuously for more than six months in a year, you can initiate serious disciplinary action.
Hope this will give a bird's eye view of the disciplinary procedure before initiating any action on an erring employee.
G.K. Manjunath Sr. Manager-HR
From India, Bangalore
Acknowledge(0)Amend(0)
It is not an easy job to terminate an employee for habitual absenteeism. You have to look at various aspects of the law. How many days has he been absent? What about his past records? Have you conducted any inquiry about his absenteeism and initiated any disciplinary action?
Now, you send a call letter asking him to report for duty immediately; otherwise, disciplinary action will be initiated. Like that, you start sending one letter after another. Prepare a Show Cause Notice cum charge sheet detailing the absenteeism. Conduct an impartial inquiry and, based on the findings of the inquiry officer and after analyzing the past records, initiate appropriate action. Do not come to the conclusion that management can terminate the employee as he is found guilty. The courts view differently under Sec. 11/A of the ID ACT. If he has been absent continuously for more than six months in a year, you can initiate serious disciplinary action.
Hope this will give a bird's eye view of the disciplinary procedure before initiating any action on an erring employee.
G.K. Manjunath Sr. Manager-HR
From India, Bangalore
Acknowledge(0)Amend(0)
Dear Sir, added to this the employee is absent for 10 days and he has joined another company, what would be the action from our end? Karthik
From India, Bangalore
Acknowledge(0)Amend(0)
From India, Bangalore
Acknowledge(0)Amend(0)
Dear Mr. Karthik,
If that employee has joined any other organization and if you have sufficient documentary evidence about his joining the other company, write a letter to that employee stating your management would write to the present employer about your absenteeism without complying with the formalities of submission of a resignation letter, etc., and joining that company. Also, mention that if his present employer comes to know all this, his services would be in danger. Ask him to submit his resignation and comply with all legal formalities at your end.
G.K. Manjunath Sr. Manager-HR
From India, Bangalore
Acknowledge(0)Amend(0)
If that employee has joined any other organization and if you have sufficient documentary evidence about his joining the other company, write a letter to that employee stating your management would write to the present employer about your absenteeism without complying with the formalities of submission of a resignation letter, etc., and joining that company. Also, mention that if his present employer comes to know all this, his services would be in danger. Ask him to submit his resignation and comply with all legal formalities at your end.
G.K. Manjunath Sr. Manager-HR
From India, Bangalore
Acknowledge(0)Amend(0)
Sir,
I received a show cause notice from my head of the department regarding my lateness, as it has been recorded in the Electronic Attendance Monitoring System. However, in reality, due to heavy fog, the electronic machine did not register my attendance when I arrived at the institute. I have already reported this issue to the person in charge of the electronic system.
I would appreciate your guidance on how to appropriately respond to the HoD. Your assistance in this matter would be greatly appreciated.
Thank you.
From India, Moradabad
Acknowledge(0)Amend(0)
I received a show cause notice from my head of the department regarding my lateness, as it has been recorded in the Electronic Attendance Monitoring System. However, in reality, due to heavy fog, the electronic machine did not register my attendance when I arrived at the institute. I have already reported this issue to the person in charge of the electronic system.
I would appreciate your guidance on how to appropriately respond to the HoD. Your assistance in this matter would be greatly appreciated.
Thank you.
From India, Moradabad
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
DISCIPLINARY ACTIONS PROCEDURE.xls
Disciplinary policy and procedure.doc