Dear Seniors/Team
Please advise the following:-
One of our department HOD(confirmed employee) was taken unauthorized leave and later while check with him he said fallen under sick and will be back for duty within couple of days. He did not report for duty as committed hence we send show notice to submit medical certificates along with explanation letter for absence further he reported for duty and submitted the medical records along with explanation letter stating that this will not repeat again.
After continuing duty for 04 to 05 days(approx) he has orally informed leave for 03 days for sickness, later extended leave without proper approval/information. We treated this as unauthorized leave and send second show cause notice to his residential address by Registered Post, Personal & Official Email address. That letter was returned back to us due to person unavailability. With reference to this he has resumed duty and submitted medical certificates, but explanation not submitted and said that will submit within a day.
Again he continued for duty for 07 days informed leave for 02 days for sickness later extended leave. We treated this as unauthorized leave and send final show cause notice and given refer about appointment clauses - if he don't resume duty with explanation within the day specified services might terminated. But he did not submitted reported nor submitted explanation letter.
Totally we issued 04 show cause notices within four months for similar issue. And the concern is that has signed one show cause notice only two show cause notice returned back to us. And also submitted two different medical certificates for those leave days.
We assumes that he has some dealing with post man and returning back the notices. And also personally he borrowed money from employees and outside vendors.
In this scenario if we terminate him do we face any consequences. If he approaches to labour court do we face any issues?
From India, Coimbatore
1Please advise the following:-
One of our department HOD(confirmed employee) was taken unauthorized leave and later while check with him he said fallen under sick and will be back for duty within couple of days. He did not report for duty as committed hence we send show notice to submit medical certificates along with explanation letter for absence further he reported for duty and submitted the medical records along with explanation letter stating that this will not repeat again.
After continuing duty for 04 to 05 days(approx) he has orally informed leave for 03 days for sickness, later extended leave without proper approval/information. We treated this as unauthorized leave and send second show cause notice to his residential address by Registered Post, Personal & Official Email address. That letter was returned back to us due to person unavailability. With reference to this he has resumed duty and submitted medical certificates, but explanation not submitted and said that will submit within a day.
Again he continued for duty for 07 days informed leave for 02 days for sickness later extended leave. We treated this as unauthorized leave and send final show cause notice and given refer about appointment clauses - if he don't resume duty with explanation within the day specified services might terminated. But he did not submitted reported nor submitted explanation letter.
Totally we issued 04 show cause notices within four months for similar issue. And the concern is that has signed one show cause notice only two show cause notice returned back to us. And also submitted two different medical certificates for those leave days.
We assumes that he has some dealing with post man and returning back the notices. And also personally he borrowed money from employees and outside vendors.
In this scenario if we terminate him do we face any consequences. If he approaches to labour court do we face any issues?
From India, Coimbatore
Hi,
It clearly shows the un interest of the employee in continuing the services either due to illness or personal issues. Though you have served 4 warning /show cause only 2 of them were acknowledged. Please try to reach him over phone and find out whether he is interested to continue or not. As last opportunity send him a final warning - set a reasonable date to report - make it clear in the letter that if he fails to contact office/ report to office his services would be terminated without any further information. Even if RPAD bounce back do not open - file as it is in his personal file. Further make it clear in the letter that in spite of sufficient opportunity provided he had failed to report without any sufficient reason or cause, how the dept faced hardship due to his absence etc. In the final warning recall all previous warning / leaves took history.
You could have took his correct residential address with proof when he resumed back after initial leave. Always keep updating the contact addresses of all employees every six months.
From India, Madras
It clearly shows the un interest of the employee in continuing the services either due to illness or personal issues. Though you have served 4 warning /show cause only 2 of them were acknowledged. Please try to reach him over phone and find out whether he is interested to continue or not. As last opportunity send him a final warning - set a reasonable date to report - make it clear in the letter that if he fails to contact office/ report to office his services would be terminated without any further information. Even if RPAD bounce back do not open - file as it is in his personal file. Further make it clear in the letter that in spite of sufficient opportunity provided he had failed to report without any sufficient reason or cause, how the dept faced hardship due to his absence etc. In the final warning recall all previous warning / leaves took history.
You could have took his correct residential address with proof when he resumed back after initial leave. Always keep updating the contact addresses of all employees every six months.
From India, Madras
Dear Bala
For any repeated case of absenteeism, you need to conduct a proper domestic enquiry after serving chargesheet to him and give him opportunity to defend his case before the enquiry officer. Please note that any illegal termination with out proper enquiry would be null and void before the labour court. Hence follow the due process of law, take the advice from labour lawyer before you take any punitive action.
From India, New Delhi
For any repeated case of absenteeism, you need to conduct a proper domestic enquiry after serving chargesheet to him and give him opportunity to defend his case before the enquiry officer. Please note that any illegal termination with out proper enquiry would be null and void before the labour court. Hence follow the due process of law, take the advice from labour lawyer before you take any punitive action.
From India, New Delhi
Another option available is 'please put up a notice on the local language and the local news paper' being in circulation in his residing area, with a copy on the notice board for his co-employees to communicate to him, to prove all possible effort has been taken by the management, to reach the workmen. Contact the ESI doctor / Local office for his continuous absence, and see that the workmen was not on ESI leave on the day of proposed termination.
From India, Madras
From India, Madras
Dear Bala
You check with your Standing Order to deal the unauthorised absent/absconding from duty without intimation. If you do not have, all the notice sent in post returned back to be pasted in his door/gate and alos publish the same in local news paper.
You can issue a fresh notice of abandonment of service, if failed to resume duty within 3 days of publication of this notice.
From India, Mumbai
You check with your Standing Order to deal the unauthorised absent/absconding from duty without intimation. If you do not have, all the notice sent in post returned back to be pasted in his door/gate and alos publish the same in local news paper.
You can issue a fresh notice of abandonment of service, if failed to resume duty within 3 days of publication of this notice.
From India, Mumbai
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