Dear Professionals,
I need your expert opinion on the following query: Can we terminate any worker due to high absenteeism by paying them notice as per the appointment letter? Please share High Court/Supreme Court judgments on the same if anyone has them.
Thanks and Regards,
Kaushik Ahir
From India, Mumbai
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1I need your expert opinion on the following query: Can we terminate any worker due to high absenteeism by paying them notice as per the appointment letter? Please share High Court/Supreme Court judgments on the same if anyone has them.
Thanks and Regards,
Kaushik Ahir
From India, Mumbai
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If an employee is absenting unauthorizedly, please ask him in writing to join the service. If he does not comply, then issue a charge sheet, conduct a domestic enquiry, and award punishment (termination) based on the enquiry report.
There are judgments that state an enquiry is essential even when the employee is charged with habitual absenteeism or absent without permission.
For more information, check my blog at www.labourlawhub.com.
From India, Kolkata
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There are judgments that state an enquiry is essential even when the employee is charged with habitual absenteeism or absent without permission.
For more information, check my blog at www.labourlawhub.com.
From India, Kolkata
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Dear Guidance Seeker,
Please issue a Charge Sheet or an Explanation Letter in case the employee is absent from duty without information and/or permission. This applies to Non-Worker Cadre individuals. Ask them to submit their explanation regarding the charges leveled against them. Upon receiving the explanation, have an Office Order issued and signed by the Authorized Signatory. This order should inform all concerned parties to commence, conduct, and complete the inquiry proceedings following the Principles of Natural Justice and the prescribed procedures for such inquiries. Additionally, initiate further disciplinary action (punishment).
It is crucial to ensure that the delinquent employee is given every reasonable opportunity to defend their actions.
For more detailed guidance, please contact Team Kritarth at info@kritarth.in or call 91 9880 299 349 / 9560453756.
Kritarth Consulting
25.4.16
From India, Delhi
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Please issue a Charge Sheet or an Explanation Letter in case the employee is absent from duty without information and/or permission. This applies to Non-Worker Cadre individuals. Ask them to submit their explanation regarding the charges leveled against them. Upon receiving the explanation, have an Office Order issued and signed by the Authorized Signatory. This order should inform all concerned parties to commence, conduct, and complete the inquiry proceedings following the Principles of Natural Justice and the prescribed procedures for such inquiries. Additionally, initiate further disciplinary action (punishment).
It is crucial to ensure that the delinquent employee is given every reasonable opportunity to defend their actions.
For more detailed guidance, please contact Team Kritarth at info@kritarth.in or call 91 9880 299 349 / 9560453756.
Kritarth Consulting
25.4.16
From India, Delhi
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yes, you can give as per appointment letter clause but before you will give a chance to him/their to reduce the absenteeism.
From India, Hyderabad
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From India, Hyderabad
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Dear Sir,
Absenteeism is a simple offense to prove and win in social forums everywhere. You need to follow the procedure as per the standing orders applicable to your unit. The procedure entails issuing a chargesheet, conducting a domestic enquiry, issuing a second show cause notice, and then dismissing the employee. In the case of long absenteeism, you should gather testimonies from the HOD and any supervisor to demonstrate how the absence has significantly impacted routine jobs, production activities, and the overall functioning of the shop floor. The HR department should provide records of the employee's absenteeism, leaves, and warning letters, which should be introduced as exhibits during the enquiry proceedings.
When drafting the chargesheet, ensure that it includes detailed descriptions of the irregular and habitual nature of the offense, illustrating that the delinquent employee has not improved despite multiple opportunities to do so, and absenteeism remains frequent and high. Avoid taking shortcuts, as they may lead to compromising the situation and incurring costs, which could have been avoided.
Regards,
RDS Yadav
Labour Law Adviser
Director - Future Instt. of Engg. and Management Technology
navtaranghrs@gmail.com
From India, Delhi
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Absenteeism is a simple offense to prove and win in social forums everywhere. You need to follow the procedure as per the standing orders applicable to your unit. The procedure entails issuing a chargesheet, conducting a domestic enquiry, issuing a second show cause notice, and then dismissing the employee. In the case of long absenteeism, you should gather testimonies from the HOD and any supervisor to demonstrate how the absence has significantly impacted routine jobs, production activities, and the overall functioning of the shop floor. The HR department should provide records of the employee's absenteeism, leaves, and warning letters, which should be introduced as exhibits during the enquiry proceedings.
When drafting the chargesheet, ensure that it includes detailed descriptions of the irregular and habitual nature of the offense, illustrating that the delinquent employee has not improved despite multiple opportunities to do so, and absenteeism remains frequent and high. Avoid taking shortcuts, as they may lead to compromising the situation and incurring costs, which could have been avoided.
Regards,
RDS Yadav
Labour Law Adviser
Director - Future Instt. of Engg. and Management Technology
navtaranghrs@gmail.com
From India, Delhi
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Your question is answered through the attachment of Writ Civil 90 of 2016 with arguments and subsequent Judgment by the SC on 18.04.2016. Read the 9 questions of law raised in the petition. You will find the answer. The SC upheld the violation of the Principle of Natural Justice. So, now you need not worry about ignoring and setting aside the Audi Alteram Partem Rule. You are free to do whatever you want to do. You are protected by the natural guardian of the constitution, i.e., the SC.
Regards, Om Prakash Poddar MSW & LABOUR LAW Dismissed under Writ (C) 90 of 2016. 9968337815
From India, Delhi
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Regards, Om Prakash Poddar MSW & LABOUR LAW Dismissed under Writ (C) 90 of 2016. 9968337815
From India, Delhi
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Kaushik Ahir, you can terminate any worker for absenteeism without paying him notice as per the appointment letter.
In a recent judgment in Writ (C) 90 of 2016, the Supreme Court upheld the dismissal order of IDPL. IDPL had dismissed me on the grounds of "since you have been absconding from duty for more than 90 days (since 21.06.2014 till now), your services stand automatically terminated w.e.f 21.09.2014."
However, the fact in the Writ was that Praveen Kumar, CMD, IDPL on deputation basis from the Indian Defense Account Service, did not allow me to work. He kept me without work at the Head Office for one month as he wanted to promote his closest female executive, Ms. Kamna Saini, aged about 32 years. He transferred me to the Gurgaon Plant with a mala fide intention and subsequently dismissed me without payment of a single penny.
I dared to raise this issue of arbitrary and discriminatory state action to the PMO and subsequently to the Supreme Court of India in the form of Writ Civil 90 of 2016. The Supreme Court upheld the dismissal order of IDPL and dismissed the petition as the court did not find any grounds under Article 32 of the Constitution of India.
The Writ Civil 90 of 2016 was listed under the main category of "Labour Matters-Dismissal," and the ground of dismissal was cited by IDPL, a government-owned sick industry, as "absconder/absenteeism."
Hope this clarifies your queries!!!
Regards,
Om Prakash Poddar
MSW & Labour Law
Dismissed under Writ (C) 90 of 2016.
9968337815
From India, Delhi
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In a recent judgment in Writ (C) 90 of 2016, the Supreme Court upheld the dismissal order of IDPL. IDPL had dismissed me on the grounds of "since you have been absconding from duty for more than 90 days (since 21.06.2014 till now), your services stand automatically terminated w.e.f 21.09.2014."
However, the fact in the Writ was that Praveen Kumar, CMD, IDPL on deputation basis from the Indian Defense Account Service, did not allow me to work. He kept me without work at the Head Office for one month as he wanted to promote his closest female executive, Ms. Kamna Saini, aged about 32 years. He transferred me to the Gurgaon Plant with a mala fide intention and subsequently dismissed me without payment of a single penny.
I dared to raise this issue of arbitrary and discriminatory state action to the PMO and subsequently to the Supreme Court of India in the form of Writ Civil 90 of 2016. The Supreme Court upheld the dismissal order of IDPL and dismissed the petition as the court did not find any grounds under Article 32 of the Constitution of India.
The Writ Civil 90 of 2016 was listed under the main category of "Labour Matters-Dismissal," and the ground of dismissal was cited by IDPL, a government-owned sick industry, as "absconder/absenteeism."
Hope this clarifies your queries!!!
Regards,
Om Prakash Poddar
MSW & Labour Law
Dismissed under Writ (C) 90 of 2016.
9968337815
From India, Delhi
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No.You have to treat the absenteeism as a misconduct and do the domestic enquiry before termination.
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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No need to give notice, no need to pay wages, no charge sheet, no domestic enquiry required as the Supreme Court upheld in the Writ 90 of 2016. Do not worry. I may request you to kindly read the Question of Laws in this Writ petition as attached above.
Om Prakash Poddar MSW & LABOUR LAW Dismissed under Writ (C) 90 of 2016. 9968337815
From India, Delhi
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Om Prakash Poddar MSW & LABOUR LAW Dismissed under Writ (C) 90 of 2016. 9968337815
From India, Delhi
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Dear Mr. PODDAR,
Thank you for sharing the Supreme Court judgment. We are under obligation and, as a mandatory rule, maintain discipline across organizations by implementing Service Rules for management staff and Standing Orders, whether model or certified, applicable for workmen. The procedure for disciplinary action is also clearly agreed upon, announced through the same, and further expressed in Standing Orders. If I do not observe a set procedure myself, would this not be a breach of promise? Moreover, how would I dare to enforce the same and other rules and provisions applicable to my employees? Similarly, the court has in many such cases either reinstated delinquent employees or mostly awarded retrenchment compensation. I reserve further arguments until I receive your guidance on this point.
Regards, RDS Yadav Labour Law Adviser Director - Future Institute of Management and Technology
From India, Delhi
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Thank you for sharing the Supreme Court judgment. We are under obligation and, as a mandatory rule, maintain discipline across organizations by implementing Service Rules for management staff and Standing Orders, whether model or certified, applicable for workmen. The procedure for disciplinary action is also clearly agreed upon, announced through the same, and further expressed in Standing Orders. If I do not observe a set procedure myself, would this not be a breach of promise? Moreover, how would I dare to enforce the same and other rules and provisions applicable to my employees? Similarly, the court has in many such cases either reinstated delinquent employees or mostly awarded retrenchment compensation. I reserve further arguments until I receive your guidance on this point.
Regards, RDS Yadav Labour Law Adviser Director - Future Institute of Management and Technology
From India, Delhi
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