What actions can be taken by employer as per law in case of unauthorised absence.
I have read some of the discussions and I came to know that warning letters can be issued, show cause notice can be issued, salary deductions can be done.
My query is that, salary is also deducted in approved leave without pay then what actions can be taken exactly after issuing warning letter and also after issuing the show cause notice if he/she is not responding to these notices
From India, New Delhi
I have read some of the discussions and I came to know that warning letters can be issued, show cause notice can be issued, salary deductions can be done.
My query is that, salary is also deducted in approved leave without pay then what actions can be taken exactly after issuing warning letter and also after issuing the show cause notice if he/she is not responding to these notices
From India, New Delhi
mam you can send another warning notice by specifying him last date and time of joining , even then also he does not join send him termination letter.
From India, New Delhi
19From India, New Delhi
Thanks for your reply.
I have one more query, which law permits employer to terminate employee in this case. As per my understanding, it should be counted as misconduct and can employer terminate employee on ground of misconduct? If yes, then which law says that, it should be counted as misconduct.
If possible provide me a source document/laws that guides completely about unauthorised leave.
Regards,
From India, New Delhi
I have one more query, which law permits employer to terminate employee in this case. As per my understanding, it should be counted as misconduct and can employer terminate employee on ground of misconduct? If yes, then which law says that, it should be counted as misconduct.
If possible provide me a source document/laws that guides completely about unauthorised leave.
Regards,
From India, New Delhi
Hi,
Send a letter by Registered Acknowledgement Due (AD) to the employee's address as per records held with the HR Department. The letter should clearly state that the employee has been absent without authorised leave from (date). The employee should be directed to join duty within seven days (specify date). Also mention that failure to do so will lead to deletion of name from the muster roll.
In case the employee does not join by the date directed, then send another letter stating that since the employee has not joined duty as directed, his/her name has been struck off the muster roll with effect from (date).
Hope this clarifies the issue.
Regards,
Ajay
From India, New Delhi
Send a letter by Registered Acknowledgement Due (AD) to the employee's address as per records held with the HR Department. The letter should clearly state that the employee has been absent without authorised leave from (date). The employee should be directed to join duty within seven days (specify date). Also mention that failure to do so will lead to deletion of name from the muster roll.
In case the employee does not join by the date directed, then send another letter stating that since the employee has not joined duty as directed, his/her name has been struck off the muster roll with effect from (date).
Hope this clarifies the issue.
Regards,
Ajay
From India, New Delhi
Hi there!.
Just because an employee is absent you can't just terminate his employment with your company.
First send a registered letter informing him about his unauthorized absence from duty and instruct him/her to join duty immediately with clear instructions that ex-parte disciplinary proceedings will be taken against him/her if not joined within the stipulated time.
If joined get a written explanation for the unauthorized absence. If satisfied accept the joining letter else contemplate a disciplinary proceedings as per your company rules as unauthorized absence constitutes misconduct.
If not joined/no reply is received within stipulated time then conduct an ex-parte disciplinary proceedings and then terminate the employee.
Note: Please remember that termination of an employee is a matter of life for the employee and has far more social consequences. So it is better to give a reasonable opportunity for the employee to rectify his conduct.
Regards
Lawrence Sathiyaraj J
From India, Hyderabad
Just because an employee is absent you can't just terminate his employment with your company.
First send a registered letter informing him about his unauthorized absence from duty and instruct him/her to join duty immediately with clear instructions that ex-parte disciplinary proceedings will be taken against him/her if not joined within the stipulated time.
If joined get a written explanation for the unauthorized absence. If satisfied accept the joining letter else contemplate a disciplinary proceedings as per your company rules as unauthorized absence constitutes misconduct.
If not joined/no reply is received within stipulated time then conduct an ex-parte disciplinary proceedings and then terminate the employee.
Note: Please remember that termination of an employee is a matter of life for the employee and has far more social consequences. So it is better to give a reasonable opportunity for the employee to rectify his conduct.
Regards
Lawrence Sathiyaraj J
From India, Hyderabad
Dear all
When an employee take unauthorized leave which treated as misconduct.
1. there is no issue in this regards.
2. First mgt to decide such emp wants to working or not ?
3. if no, HR has issue a show cause notice to him three times in the interval period 10 to 15 days accordingly.
4. there is no respond from employees, Management has conduct a domestic inquiry as per law.
5. the employee has not participate in domestic inquiry, Management has decide to send a termination letter to him.
6. if fail to conduct domestic inquiry, he may sue case against mgt. in this case going to labour court, the employee may get award.
7. if yes, the HR person has to go to his residence for verification and to conduct counseling.
From India, Chennai
When an employee take unauthorized leave which treated as misconduct.
1. there is no issue in this regards.
2. First mgt to decide such emp wants to working or not ?
3. if no, HR has issue a show cause notice to him three times in the interval period 10 to 15 days accordingly.
4. there is no respond from employees, Management has conduct a domestic inquiry as per law.
5. the employee has not participate in domestic inquiry, Management has decide to send a termination letter to him.
6. if fail to conduct domestic inquiry, he may sue case against mgt. in this case going to labour court, the employee may get award.
7. if yes, the HR person has to go to his residence for verification and to conduct counseling.
From India, Chennai
Amit sir,
I am working in a new set up, its a new organization and I have to draft the policies on misconduct for approval by management.
You have provided the material on misconduct, that is very useful. I'll be thankful if you can let me know the source of this, I mean what is the base of all this, which law provides all these information on misconduct.
Regards,
Rekha
From India, New Delhi
I am working in a new set up, its a new organization and I have to draft the policies on misconduct for approval by management.
You have provided the material on misconduct, that is very useful. I'll be thankful if you can let me know the source of this, I mean what is the base of all this, which law provides all these information on misconduct.
Regards,
Rekha
From India, New Delhi
Dear Mr. rekhanandal,
Please see CCS CCA Conduct rule available online for Government employees. You can use the same as a source to prepare a model Conduct discipline and appeal rules for employees which will be more use full and easy use.
With Best Regards,
From India, Hyderabad
Please see CCS CCA Conduct rule available online for Government employees. You can use the same as a source to prepare a model Conduct discipline and appeal rules for employees which will be more use full and easy use.
With Best Regards,
From India, Hyderabad
There is a law called " Industrial Employment Standing Orders Rules " this law is basis for making Standing orders for each
industry based on your particular situations, however, it should be on par with law if not above Standing orders to be duly certified by Labour Department then only they can be implemented by an industry. Once you frame Standing orders to suit your industry requireemnts, it will be like a guide to any HR guy to take care ofemployee discipline management
Regards
B.Dakshina Murty
Sr.Manager - HR
From India, Hyderabad
industry based on your particular situations, however, it should be on par with law if not above Standing orders to be duly certified by Labour Department then only they can be implemented by an industry. Once you frame Standing orders to suit your industry requireemnts, it will be like a guide to any HR guy to take care ofemployee discipline management
Regards
B.Dakshina Murty
Sr.Manager - HR
From India, Hyderabad
Hi,
I have terminated one employee after continuous 15 days absent and prior of terminating i have send him many letter to rejoin but no response received. He filed case in labour court & inspector told me why have you not taken domestic inquiry before terminating wherein that employee intentionally stopped coming. What should be the procedure if i am wrong.
From India, Gurgaon
I have terminated one employee after continuous 15 days absent and prior of terminating i have send him many letter to rejoin but no response received. He filed case in labour court & inspector told me why have you not taken domestic inquiry before terminating wherein that employee intentionally stopped coming. What should be the procedure if i am wrong.
From India, Gurgaon
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.
Ruling by Karnataka HC on Unauthorised Absence.jpg
Absence of Team Leader.doc