Dear KK ji,
Greeting of the day!
The provision for striking off name in S.O. is applicable in case a workman remains absent beyond the period of leave originally granted or subsequently extended. Such workman shall lose his lien on his appointment unless he (a) returns within 8 days of the expiry of the leave, and (b) explains to the satisfaction of the employer his inability to return before the expiry of his leave. In case the workman loses his lien on his appointment, he shall be entitled to be kept on the badli list.
Kindly be noted that the striking off name from muster roll under above circumstances can not be arbitrary. The workman should be given an opportunity to be heard.
Thanks with regards.
Keshav Korgaonkar
Shantadurgaent.com,Insurance Advisors,Corporate Advisors,Legal Advise,Wage and salary,Shantadurgaent.com,Labour Compliance Audit,SSI registration,NOC from
From India, Mumbai
2555Greeting of the day!
The provision for striking off name in S.O. is applicable in case a workman remains absent beyond the period of leave originally granted or subsequently extended. Such workman shall lose his lien on his appointment unless he (a) returns within 8 days of the expiry of the leave, and (b) explains to the satisfaction of the employer his inability to return before the expiry of his leave. In case the workman loses his lien on his appointment, he shall be entitled to be kept on the badli list.
Kindly be noted that the striking off name from muster roll under above circumstances can not be arbitrary. The workman should be given an opportunity to be heard.
Thanks with regards.
Keshav Korgaonkar
Shantadurgaent.com,Insurance Advisors,Corporate Advisors,Legal Advise,Wage and salary,Shantadurgaent.com,Labour Compliance Audit,SSI registration,NOC from
From India, Mumbai
Dear Keshav Korgaonkar,
I am not asking Mr. Vishal to send the termination directly. The employer has requested the employee to report on the dates mentioned in the warning letter. After sending 2 warning letter and if the employee does not turns up the company can send termination letter. Here the company has given 2 chances for the employee to explain his absence. Still the employee don't turn up the action can be taken against the employee.
As you referred to Mumbai HC in Mahamadsha Patel v/s Mastanbaug case, Here the employer did not send any notice to the employee about termination. So it came in favour of the employee and moreover the incident happened in 1988 and the case was held in 1994 - 1997. (Mahamadsha Ganishah Patel & Anr. vs Mastanbaug Consumers' Co-Op. ... on 24 June, 1997). Today every company draft the policy crystal clear on every aspect.
Today every company has their own HR manual / Policy / Appointment letter which clearly states about the termination clause of employee.
From India, Mumbai
I am not asking Mr. Vishal to send the termination directly. The employer has requested the employee to report on the dates mentioned in the warning letter. After sending 2 warning letter and if the employee does not turns up the company can send termination letter. Here the company has given 2 chances for the employee to explain his absence. Still the employee don't turn up the action can be taken against the employee.
As you referred to Mumbai HC in Mahamadsha Patel v/s Mastanbaug case, Here the employer did not send any notice to the employee about termination. So it came in favour of the employee and moreover the incident happened in 1988 and the case was held in 1994 - 1997. (Mahamadsha Ganishah Patel & Anr. vs Mastanbaug Consumers' Co-Op. ... on 24 June, 1997). Today every company draft the policy crystal clear on every aspect.
Today every company has their own HR manual / Policy / Appointment letter which clearly states about the termination clause of employee.
From India, Mumbai
Dear senior,
Now, Yesterday employee came at our premises but I instructed them “give your
explanation against show cause but he didn’t provide me the same after that he said to me that I was on un authorised leave due to personal reason not due to medical purpose”. After that as per management instruction ,I inform them go back form here ,I will call you for your justification by written letter for it is genuine or not in grievance handling committee other wise give your explanation ,after that he gone . Now, what can I do in this situation, management wants to suspend his service for three month ,It is possible as order of punishment if it is possible then what monthly substance allowance will be pay him under suspension. Waiting for your valuable advice…..
Regards
Vishal
From India, Haldwani
Now, Yesterday employee came at our premises but I instructed them “give your
explanation against show cause but he didn’t provide me the same after that he said to me that I was on un authorised leave due to personal reason not due to medical purpose”. After that as per management instruction ,I inform them go back form here ,I will call you for your justification by written letter for it is genuine or not in grievance handling committee other wise give your explanation ,after that he gone . Now, what can I do in this situation, management wants to suspend his service for three month ,It is possible as order of punishment if it is possible then what monthly substance allowance will be pay him under suspension. Waiting for your valuable advice…..
Regards
Vishal
From India, Haldwani
Dear Vishal & all, Now the employee has returned and his explanation is inadequate and unsatisfactory. Even though the management wants to suspend him for three months, but there would be no provision in Model SO for the same. So now the option is to take disciplinary action by issuing charge sheeet and a punishment as provided under the Model SO could be imposed. Regards
kk
From India, Bhopal
kk
From India, Bhopal
Dear Mr.Vishal,
If the employee is returned, then ask him to give his written statement why he was on unauthorized absent without any intimation. if the reason found not satisfactory then issue him a charge sheet and put him on suspension pending inquiry. Conduct the domestic enquiry against him.If the charges proved against him he may be terminated from the services of the company. During the domestic enquiry proceedings he should be paid subsistence allowance as per statute.
Magesh.
From India, Mumbai
If the employee is returned, then ask him to give his written statement why he was on unauthorized absent without any intimation. if the reason found not satisfactory then issue him a charge sheet and put him on suspension pending inquiry. Conduct the domestic enquiry against him.If the charges proved against him he may be terminated from the services of the company. During the domestic enquiry proceedings he should be paid subsistence allowance as per statute.
Magesh.
From India, Mumbai
Dear Mahesh ji / Dear All,
Can you or any body please elaborate the pros and cons if the employee is suspended with pending enquiry and also in case he is not suspended pending enquiry? Why you are not suggesting direct termination to him as suggested someone earlier?
The questions asked by me not to test you or any body, but to invite further discussion in this matter which may be fruitful to all of us.
Thanks and regards.
Keshav Korgaonkar
From India, Mumbai
Can you or any body please elaborate the pros and cons if the employee is suspended with pending enquiry and also in case he is not suspended pending enquiry? Why you are not suggesting direct termination to him as suggested someone earlier?
The questions asked by me not to test you or any body, but to invite further discussion in this matter which may be fruitful to all of us.
Thanks and regards.
Keshav Korgaonkar
From India, Mumbai
Dear Vishal,
In given conditions you have send Show-Cause Notice via Regd. A.D. But not Reply from the worker. Please let us know whether you got the Regd. Ad. receipt with signature of Worker? if yes, then please keep it in his personal file.
If the worker has not received the Regd. A.D. and the post return back to you, then also please keep the letter (without opening the packet) in his personal file with remark of post office.
Now even if you don't have Certified Standing Orders for the company , you can always use Model Standing Orders (Industrial Employment Standing Orders Act). You need to use the clauses while drafting the Charge Sheet.
Please send the charge sheet mentioning all the misconducts and date of domestic enquiry, place, name of Enquiry officer, and reimbersement of conveyance charges, if place is other than the place of work or factory or office, where worker normally work.
Conduct the Domestic Enquiry with Enquiry officer and gave fare chance to worker to defend himself. Put all the evidence like Warning Letters, Show-Cause Notice, worker's reply, attendance register, leave register during the enquiry. Ensure that all these evidence come in the domestic enquiry report. if worker is present in the enquiry then take his signature on the enquiry report.
Once the enquiry is concluded then issue the enquiry officer report with show-cause notice to the worker asking him to file any cause why the action cannot be taken against him. Ask him to reply with in 48 hours from the receipt of the letter. If he is absent then sent the same through Regd. A.D.
If you do not get the reply from the worker after the stipulated time then issue the termination letter to him. Please note that the person who sign the termination letter for the management, must the same designation or the above who sign his appointment letter.
Regards,
Avinash K.
From India, Mumbai
In given conditions you have send Show-Cause Notice via Regd. A.D. But not Reply from the worker. Please let us know whether you got the Regd. Ad. receipt with signature of Worker? if yes, then please keep it in his personal file.
If the worker has not received the Regd. A.D. and the post return back to you, then also please keep the letter (without opening the packet) in his personal file with remark of post office.
Now even if you don't have Certified Standing Orders for the company , you can always use Model Standing Orders (Industrial Employment Standing Orders Act). You need to use the clauses while drafting the Charge Sheet.
Please send the charge sheet mentioning all the misconducts and date of domestic enquiry, place, name of Enquiry officer, and reimbersement of conveyance charges, if place is other than the place of work or factory or office, where worker normally work.
Conduct the Domestic Enquiry with Enquiry officer and gave fare chance to worker to defend himself. Put all the evidence like Warning Letters, Show-Cause Notice, worker's reply, attendance register, leave register during the enquiry. Ensure that all these evidence come in the domestic enquiry report. if worker is present in the enquiry then take his signature on the enquiry report.
Once the enquiry is concluded then issue the enquiry officer report with show-cause notice to the worker asking him to file any cause why the action cannot be taken against him. Ask him to reply with in 48 hours from the receipt of the letter. If he is absent then sent the same through Regd. A.D.
If you do not get the reply from the worker after the stipulated time then issue the termination letter to him. Please note that the person who sign the termination letter for the management, must the same designation or the above who sign his appointment letter.
Regards,
Avinash K.
From India, Mumbai
Dear All,
I have herewith attached second letter dated-21/11/12 copy which I had dispatched him to his permanent & temporary address via Reg.Post after that till date I am not getting UN-delivered copy of same .
Please check attached second letter after that suggest, what can I sent him on priority domestic enquiry letter or Charge sheet .
Waiting for your reply …
Regards,
Vishal
From India, Haldwani
I have herewith attached second letter dated-21/11/12 copy which I had dispatched him to his permanent & temporary address via Reg.Post after that till date I am not getting UN-delivered copy of same .
Please check attached second letter after that suggest, what can I sent him on priority domestic enquiry letter or Charge sheet .
Waiting for your reply …
Regards,
Vishal
From India, Haldwani
Hi Vishal,
The contents of the letter are alright. but I think you need to change the last para of the letter as follows
"You are therefore directed to report on duty with satisfactory written explaination within 48 hours from the receipt of this letter failing which appropriate disciplinary action will be taken against you.",
Please don't use "Yours faithfully" as you are directing him to give satisfactory written explaination.
Wait for 4-5 days or untill you receives Regd. A.D. receipt, if you don't received any thing then proceed ahead with Charge Sheet for Domestic Enquiry.
Regards,
Avinash K.
From India, Mumbai
The contents of the letter are alright. but I think you need to change the last para of the letter as follows
"You are therefore directed to report on duty with satisfactory written explaination within 48 hours from the receipt of this letter failing which appropriate disciplinary action will be taken against you.",
Please don't use "Yours faithfully" as you are directing him to give satisfactory written explaination.
Wait for 4-5 days or untill you receives Regd. A.D. receipt, if you don't received any thing then proceed ahead with Charge Sheet for Domestic Enquiry.
Regards,
Avinash K.
From India, Mumbai
Dear Senior ,
Kindly suggest in this case ,what suitable punishment as order of punishment , we will provide them after domestic enquiry . In previous year & this year employee was on unauthorized more than 10 days three times & some times less than 10 days, same employee also from Union so he have no fear .
when I search attached Model standing order for punishment I didn’t find the same. punishment.
Please suggest & advice for the same.
Waiting for your positive reply…….
Regards,
Vishal
From India, Haldwani
Kindly suggest in this case ,what suitable punishment as order of punishment , we will provide them after domestic enquiry . In previous year & this year employee was on unauthorized more than 10 days three times & some times less than 10 days, same employee also from Union so he have no fear .
when I search attached Model standing order for punishment I didn’t find the same. punishment.
Please suggest & advice for the same.
Waiting for your positive reply…….
Regards,
Vishal
From India, Haldwani
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