I am working in a mining company. This is a totally mass field, and we have a total of 169 permanent workers. They don't have much knowledge of leaves, etc. Since last month, i.e., July 2013, one of our company's permanent workers (employee) was absent from duties without taking permission from their department head. On 07-08-2013, I sent a notice by registered post with acknowledgment to his permanent address to attend the duty from when he received the notice. On 21-08-2013, I received an acknowledgment card from him, but I haven't received any reply letter or information from him yet. Our management wants to terminate him, so please suggest to me what the next step I should take against him because we have also registered with the citu union, and we cannot give him a chance to raise an industrial dispute against us.
From India, Nasik
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From India, Nasik
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Dear Mr. Khan,
Please note the following points:
1) Have proper records of attendance (good paperwork).
2) It is good that you have sent an intimation to join the duty.
3) Now issue him a "show cause notice" - quoting the clause of the standing order - the misconduct - giving him 4-7 days to reply.
4) After his reply - if found unsatisfactory - frame a proper charge sheet with all true and factual details about his absence in the last year. (If he has a previous absenteeism record, keep it ready). Even if he does not submit his explanations - issue the charge sheet.
5) Appoint an inquiry officer, a presenting officer, and a Disciplinary Authority.
6) Intimate the accused employee about this appointment.
7) Initiate a domestic inquiry.
8) Give prior notice to the employee about the inquiry - also allow him to engage a defense counsel.
9) After the completion of the inquiry - issue a copy of the inquiry report to the employee - in case he has objections or requires clarification.
10) Issue a second show cause: "You are found guilty of...misconduct, and the disciplinary authority has decided to inflict...punishment on you as per the clause...of the standing orders applicable to you."
11) Inflict the punishment.
12) If the employee does not appear for the inquiry - keep adjourning the inquiry and keep sending registered posts about the date of the inquiry - after providing adequate and fair opportunities, you can conduct an ex-parte inquiry and decide.
Remember to follow the "Principles of Natural Justice" - give adequate and fair opportunities to the employee to represent his case, issue communications in a language he understands, and be fair and just in your approach.
Regards,
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
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305Please note the following points:
1) Have proper records of attendance (good paperwork).
2) It is good that you have sent an intimation to join the duty.
3) Now issue him a "show cause notice" - quoting the clause of the standing order - the misconduct - giving him 4-7 days to reply.
4) After his reply - if found unsatisfactory - frame a proper charge sheet with all true and factual details about his absence in the last year. (If he has a previous absenteeism record, keep it ready). Even if he does not submit his explanations - issue the charge sheet.
5) Appoint an inquiry officer, a presenting officer, and a Disciplinary Authority.
6) Intimate the accused employee about this appointment.
7) Initiate a domestic inquiry.
8) Give prior notice to the employee about the inquiry - also allow him to engage a defense counsel.
9) After the completion of the inquiry - issue a copy of the inquiry report to the employee - in case he has objections or requires clarification.
10) Issue a second show cause: "You are found guilty of...misconduct, and the disciplinary authority has decided to inflict...punishment on you as per the clause...of the standing orders applicable to you."
11) Inflict the punishment.
12) If the employee does not appear for the inquiry - keep adjourning the inquiry and keep sending registered posts about the date of the inquiry - after providing adequate and fair opportunities, you can conduct an ex-parte inquiry and decide.
Remember to follow the "Principles of Natural Justice" - give adequate and fair opportunities to the employee to represent his case, issue communications in a language he understands, and be fair and just in your approach.
Regards,
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
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