I am working in a mining company, this is totally mass field we have total 169 of permanent workers.They dont have much knowledge of leaves and etc, since last month i.e. july-2013 one of our company permanent worker(employee) absent the duties with out take permission from their dept head, on 07-08-2013 i have sent to notice by register post with acknowledgement to his permanent address to attend the duty from when he have received notice. on 21-08-2013 i got acknowledgement card from him , and yet i didnt get any reply letter or information from him, our management want to terminate him so please suggest me to what is the next step i have to take aganist him becoz we have registerd citu union also and also there is no chance give to him for raise industrial dispute aganist us.
From India, Nasik
From India, Nasik
Dear Mr. Khan
Pl. note following point
1) Have proper records of attendance (good paper work)
2) It is good you have sent an intimation to join the duty
3) Now issue him a "show cause notice"- quoting the clause if standing order-the misconduct- giving him 4-7 days time to reply.
4) After his reply- if found not satisfactory -frame a proper charge sheet with all true & factual details about his absent in last one year. (If he has previous absenteeism record. keep him ready with you). Even if he does not submit his explanations -issue the charge sheet.
5) Appoint an inquiry officer , a presenting officer and Disciplinary authority
6) Intimate about this appointment to the accused employee
7) Initiate domestic inquiry
8) Give prior notice to the employee about the inquiry- also allow him to engage a defense counsel
9) After completion of inquiry -issue copy if inquiry report to the employee -in case he has some objection -or require clarification
10) Issue a second show cause- You are found guilty of...misconduct and the disciplinary authority has decided to inflict...punishment to you as per clause..of standing orders applicable to you.
11) Inflict the punishment
12) If the employee does not appear for the inquiry- keep on adjourning the inquiry and keep on sending regd posts about intimation the date of inquiry- after providing adequate and fair opportunities you can conduct ex-parte inquiry and decide upon.
12) Remember to follow "Principles of Natural Justice"- Give adequate and fair opportunities to employee to represent his case, issue communications in language he understands, be fair and just in your approach.
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
300Pl. note following point
1) Have proper records of attendance (good paper work)
2) It is good you have sent an intimation to join the duty
3) Now issue him a "show cause notice"- quoting the clause if standing order-the misconduct- giving him 4-7 days time to reply.
4) After his reply- if found not satisfactory -frame a proper charge sheet with all true & factual details about his absent in last one year. (If he has previous absenteeism record. keep him ready with you). Even if he does not submit his explanations -issue the charge sheet.
5) Appoint an inquiry officer , a presenting officer and Disciplinary authority
6) Intimate about this appointment to the accused employee
7) Initiate domestic inquiry
8) Give prior notice to the employee about the inquiry- also allow him to engage a defense counsel
9) After completion of inquiry -issue copy if inquiry report to the employee -in case he has some objection -or require clarification
10) Issue a second show cause- You are found guilty of...misconduct and the disciplinary authority has decided to inflict...punishment to you as per clause..of standing orders applicable to you.
11) Inflict the punishment
12) If the employee does not appear for the inquiry- keep on adjourning the inquiry and keep on sending regd posts about intimation the date of inquiry- after providing adequate and fair opportunities you can conduct ex-parte inquiry and decide upon.
12) Remember to follow "Principles of Natural Justice"- Give adequate and fair opportunities to employee to represent his case, issue communications in language he understands, be fair and just in your approach.
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
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Warning letter- for absenteeism.doc
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