Dear Senior,
Greeting of the day!
I am an HR Executive in a company, Need to know that is there is any law stating that in case a employee is absence without an approved leave for more than 10 days that can be treated as their voluntary resignation, If so kindly quote the labour act section in it.
From India, Lucknow
Greeting of the day!
I am an HR Executive in a company, Need to know that is there is any law stating that in case a employee is absence without an approved leave for more than 10 days that can be treated as their voluntary resignation, If so kindly quote the labour act section in it.
From India, Lucknow
421
If any person has absconded from his duty and no information / leave have been sanction , you may issue show cause notice first , then you may put that fellow on substitute list.
In second reminder you may quote that since you have left the job voluntarily , it may be treated that left the job but there must be some line in standing order in your company.
Thanks
From India
In second reminder you may quote that since you have left the job voluntarily , it may be treated that left the job but there must be some line in standing order in your company.
Thanks
From India
Even if you treat it as abandonment of service, yet principles of natural justice have to be followed otherwise it will be treated as retrenchment under ID Act. kindly see DK Yadav case decided by Apex Court in 1993.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
Dear Sushil ji,
Let me first congratulate you on becoming Senior Member of this ESTEEMED FORUM and that too, in a very sort span of time. You deserve it. Your posts per day @ the rate more than 3 justifying your promotion. I am closely reading your posts and very much pleased finding it a nice blend of appropriateness with authenticity. Please keep it up. I look for more learning from your posts.
In the current topic it seems to me that the queriest may be referring to lose lien on appointment.
Provision under the IE(SO) is as under:
If a workman remains absent beyond the period of leave originally granted or subsequently extended, he shall lose lien on his appointment unless he-
(a) returns within ten days of expiry of his leave, and
(b) explains to the satisfaction of the manager his inability to return on the expiry of his leave.
In case, the workman loses as aforesaid, his lien on the appointment, he shall be entitled to be kept on the "badly list".
From India, Mumbai
Let me first congratulate you on becoming Senior Member of this ESTEEMED FORUM and that too, in a very sort span of time. You deserve it. Your posts per day @ the rate more than 3 justifying your promotion. I am closely reading your posts and very much pleased finding it a nice blend of appropriateness with authenticity. Please keep it up. I look for more learning from your posts.
In the current topic it seems to me that the queriest may be referring to lose lien on appointment.
Provision under the IE(SO) is as under:
If a workman remains absent beyond the period of leave originally granted or subsequently extended, he shall lose lien on his appointment unless he-
(a) returns within ten days of expiry of his leave, and
(b) explains to the satisfaction of the manager his inability to return on the expiry of his leave.
In case, the workman loses as aforesaid, his lien on the appointment, he shall be entitled to be kept on the "badly list".
From India, Mumbai
Dear Korgaonkar Ji,
Many thanks for good wishes. I am thankful to this forum for giving me opportunity to serve people. Having enjoyed top designations, for me these are not material before good deeds. A man is recognised only through his good deeds and that is eternal. Look at Sheed Bhagat Singh. My efforts are that anyone seeking help on this forum at least get to know of their rights. Rest is upto them whether to pursue or not.
The queriest wanted to Know whether “there is any law stating that in case a employee is absence without an approved leave for more than 10 days that can be treated as their voluntary resignation”
In respect of similar clause of standing orders, the Apex Court in DK Yadav’s case observed on the following observation of the Tribunal:
“The action of the respondent is in accordance with the standing Orders and it is not a termination nor retrenchment under the Industrial Disputes Act, 1947”
The Apex Court pointed out that the principles of natural justice must be read into the standing order No. 13 (2) (iv). Otherwise it would become arbitrary. unjust and unfair violating Arts. 14. When so read the impugned action is violative of the principles of natural justice.
The relevant passages are extracted below:
Supreme Court of India
D.K. Yadav vs J.M.A. Industries Ltd on 7 May, 1993
The Tribunal found that the appellant had failed to prove his case. The action of the respondent is in accordance with the standing Orders and it is not a termination nor retrenchment under the Industrial Disputes Act, 1947 for short 'the Act'. The appellant in terms of standing orders lost his lien on his appointment and so is not entitled to reinstatement.
Clause 13 (2) (iv) standing order reads thus:
"If a workman remains absent without sanctioned leave or beyond the period of leave originally granted or subsequently extended, he shall lose his lien on his appointment unless.
(a) he returns within 3 calander days of the commencement of the absence of the expiry of leave originally granted or subsequently extended as the case may be; and
(b) explains to the satisfaction of the manager/management the reason of his absence o r his inability to return on the expiry of the leave, as the case may. The workman not reporting for duty within 8 calander days as mentioned above, shall be deemed to have automatically abandoned the services and lost his lien on his appointment. His name shall be struck off from the Muster Rolls in such an eventuality."
A reading thereof does indicate that if a workman remains absent without sanction of leave or beyond the period of the leave originally granted or subsequently extended the employee loses his lien on employment unless he returns to duty within eight calander days of the commencement of the absence or the expiry of leave either originally granted or subsequently extended. He has to give a satisfactory explanation to the Manager/Management of his reasons for absence or inability to return to the duty on the expiry of the leave. On completion of eight calander days' absence from duty he shall be deemed to have abandoned the services and lost his lien on his appointment. Thereafter the management has been empowered to strike off the name from the Muster Rolls.
……..
In this case admittedly no opportunity was given to the appellant and no enquiry was held. The appellant's plea put forth at the earliest was that despite his reporting to duty on December 3, 1980 and on all subsequent days and readiness to join duty he was prevented to report to duty, nor he be permitted to sign the attendance register. The Tribunal did not record any conclusive finding in this behalf. It concluded that the management had power under Cl. 13 of the certified Standing Orders to terminate with the service of the appellant. Therefore, we hold that the principles of natural justice must be read into the standing order No. 13 (2) (iv). Otherwise it would become arbitrary. unjust and unfair violating Arts. 14. When so read the impugned action is violative of the principles of natural justice.
Therefore, the query whether the employee in the said circumstances can be treated as their voluntary resignation, is in the negative and on the contrary it will be treated to be retrenchment.
Thanks
Sushil
From India, New Delhi
Many thanks for good wishes. I am thankful to this forum for giving me opportunity to serve people. Having enjoyed top designations, for me these are not material before good deeds. A man is recognised only through his good deeds and that is eternal. Look at Sheed Bhagat Singh. My efforts are that anyone seeking help on this forum at least get to know of their rights. Rest is upto them whether to pursue or not.
The queriest wanted to Know whether “there is any law stating that in case a employee is absence without an approved leave for more than 10 days that can be treated as their voluntary resignation”
In respect of similar clause of standing orders, the Apex Court in DK Yadav’s case observed on the following observation of the Tribunal:
“The action of the respondent is in accordance with the standing Orders and it is not a termination nor retrenchment under the Industrial Disputes Act, 1947”
The Apex Court pointed out that the principles of natural justice must be read into the standing order No. 13 (2) (iv). Otherwise it would become arbitrary. unjust and unfair violating Arts. 14. When so read the impugned action is violative of the principles of natural justice.
The relevant passages are extracted below:
Supreme Court of India
D.K. Yadav vs J.M.A. Industries Ltd on 7 May, 1993
The Tribunal found that the appellant had failed to prove his case. The action of the respondent is in accordance with the standing Orders and it is not a termination nor retrenchment under the Industrial Disputes Act, 1947 for short 'the Act'. The appellant in terms of standing orders lost his lien on his appointment and so is not entitled to reinstatement.
Clause 13 (2) (iv) standing order reads thus:
"If a workman remains absent without sanctioned leave or beyond the period of leave originally granted or subsequently extended, he shall lose his lien on his appointment unless.
(a) he returns within 3 calander days of the commencement of the absence of the expiry of leave originally granted or subsequently extended as the case may be; and
(b) explains to the satisfaction of the manager/management the reason of his absence o r his inability to return on the expiry of the leave, as the case may. The workman not reporting for duty within 8 calander days as mentioned above, shall be deemed to have automatically abandoned the services and lost his lien on his appointment. His name shall be struck off from the Muster Rolls in such an eventuality."
A reading thereof does indicate that if a workman remains absent without sanction of leave or beyond the period of the leave originally granted or subsequently extended the employee loses his lien on employment unless he returns to duty within eight calander days of the commencement of the absence or the expiry of leave either originally granted or subsequently extended. He has to give a satisfactory explanation to the Manager/Management of his reasons for absence or inability to return to the duty on the expiry of the leave. On completion of eight calander days' absence from duty he shall be deemed to have abandoned the services and lost his lien on his appointment. Thereafter the management has been empowered to strike off the name from the Muster Rolls.
……..
In this case admittedly no opportunity was given to the appellant and no enquiry was held. The appellant's plea put forth at the earliest was that despite his reporting to duty on December 3, 1980 and on all subsequent days and readiness to join duty he was prevented to report to duty, nor he be permitted to sign the attendance register. The Tribunal did not record any conclusive finding in this behalf. It concluded that the management had power under Cl. 13 of the certified Standing Orders to terminate with the service of the appellant. Therefore, we hold that the principles of natural justice must be read into the standing order No. 13 (2) (iv). Otherwise it would become arbitrary. unjust and unfair violating Arts. 14. When so read the impugned action is violative of the principles of natural justice.
Therefore, the query whether the employee in the said circumstances can be treated as their voluntary resignation, is in the negative and on the contrary it will be treated to be retrenchment.
Thanks
Sushil
From India, New Delhi
Leave without intimation does not amount to Voluntary Resignation.
There should be an intention and supporting factors by the employee to accept such absence as a Voluntary resignation. In all circumstances every action taken by an employer should be in par with the Natural Justice and any action short of this theme would be not advantages!
There are many reported cases in Sri Lanka where due to unavoidable circumstances the employee is not able to intimate his absence. Say…..in a case where the employee has met with an accident and admitted in the ICU or has been in the prison and has no way to communicate with the employer ! Can the absence be treated as voluntary resignation?
In deep sense it can be treated as a disciplinary matter and the employer has the option to terminate his services provided, the employer has records of previous absence of this nature and any other records of poor attendance records etc., reported and action taken.
On the other hand if the employer has sufficient information to prove that he has taken up another employment or occupation and as a result has kept away from reporting for work would be an ideal situation to assume as voluntary resignation. The employer in the first instance must show cause the employee and suggest as to why this act should not be treated as a voluntary resignation.
From Sri%20Lanka, Dehiwala
There should be an intention and supporting factors by the employee to accept such absence as a Voluntary resignation. In all circumstances every action taken by an employer should be in par with the Natural Justice and any action short of this theme would be not advantages!
There are many reported cases in Sri Lanka where due to unavoidable circumstances the employee is not able to intimate his absence. Say…..in a case where the employee has met with an accident and admitted in the ICU or has been in the prison and has no way to communicate with the employer ! Can the absence be treated as voluntary resignation?
In deep sense it can be treated as a disciplinary matter and the employer has the option to terminate his services provided, the employer has records of previous absence of this nature and any other records of poor attendance records etc., reported and action taken.
On the other hand if the employer has sufficient information to prove that he has taken up another employment or occupation and as a result has kept away from reporting for work would be an ideal situation to assume as voluntary resignation. The employer in the first instance must show cause the employee and suggest as to why this act should not be treated as a voluntary resignation.
From Sri%20Lanka, Dehiwala
Dear Team,
We can issue Absconding letter to the employee & should be sent at his address by registered A.D in the gap of three days.If still he will not resume the duties then we can send the termination letter.
From India, Nagpur
We can issue Absconding letter to the employee & should be sent at his address by registered A.D in the gap of three days.If still he will not resume the duties then we can send the termination letter.
From India, Nagpur
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Karnataka Leave.xlsx
Email writing skills.part2.ho w to ask for information.ppt x
LEAVE APPLICATION.doc