Dear Seniors,
I would like to know on termination on habitual unauthorized Absent. As per our standing order, an employee who is on unauthorized absent for more than 8 days, his service will be treated as voluntarily abandonment of service. Will this hold stand if we terminate him on this ground?
Kindly suggest.
From India, Bangalore
5I would like to know on termination on habitual unauthorized Absent. As per our standing order, an employee who is on unauthorized absent for more than 8 days, his service will be treated as voluntarily abandonment of service. Will this hold stand if we terminate him on this ground?
Kindly suggest.
From India, Bangalore
Dear Chaitra,
In case of termination of Habbitual absentisum,.. first of all, what is your HR policy say ..? or if you have registered standing order..?
but, the standerd process to handle lawfully is, there should be Show cause notice/ charge sheet need to be issued to him before termination, for asking him to clearification on such behaviour withing prescribe time limit on ground of nature of justice & if in case, he failure to reply satifactory within prescribe time limit can be treat as termination of his service.
From India, Mumbai
In case of termination of Habbitual absentisum,.. first of all, what is your HR policy say ..? or if you have registered standing order..?
but, the standerd process to handle lawfully is, there should be Show cause notice/ charge sheet need to be issued to him before termination, for asking him to clearification on such behaviour withing prescribe time limit on ground of nature of justice & if in case, he failure to reply satifactory within prescribe time limit can be treat as termination of his service.
From India, Mumbai
Dear Sir,
Thank for your response.
Yes we do have standing order registered. In standing order says that any employee not coming for duty without an information beyond 8 working days, his service can be treated as voluntarily abandonment of service. so we have sent him the unauthorized notice to him after 4 days of absent. It is stated in that to resume for duty immediately. My question is if he does not resume for duty within the stipulated time and does not reply to it, can we terminate him without issuing any charge sheet further? because standing order clearly says that his/hers service can be treated as voluntarily abandonment of service.
is it right way of doing?
Chaitra
From India, Bangalore
Thank for your response.
Yes we do have standing order registered. In standing order says that any employee not coming for duty without an information beyond 8 working days, his service can be treated as voluntarily abandonment of service. so we have sent him the unauthorized notice to him after 4 days of absent. It is stated in that to resume for duty immediately. My question is if he does not resume for duty within the stipulated time and does not reply to it, can we terminate him without issuing any charge sheet further? because standing order clearly says that his/hers service can be treated as voluntarily abandonment of service.
is it right way of doing?
Chaitra
From India, Bangalore
Dear Chaitra,
Before taking any disciplinary action against the guilty, under the prevailing laws and adhering to the process of natural justice, an opportunity should be afforded to the employee concerned by way of show cause notice, charge sheet etc.
You have given an notice of absenteeism which might have been received by the employee concerned and if not responded within the stipulated time period, at-least two more opportunity may be given on the expiry of each show cause notice. Further process depends upon the reply / response whether he accept the charge or what kind of submission / documentary he presents.
P K Sharma
From India, Delhi
Before taking any disciplinary action against the guilty, under the prevailing laws and adhering to the process of natural justice, an opportunity should be afforded to the employee concerned by way of show cause notice, charge sheet etc.
You have given an notice of absenteeism which might have been received by the employee concerned and if not responded within the stipulated time period, at-least two more opportunity may be given on the expiry of each show cause notice. Further process depends upon the reply / response whether he accept the charge or what kind of submission / documentary he presents.
P K Sharma
From India, Delhi
Hi Chitra,
Probably, you may like to consider the following:
Voluntary abandonment does not hold good these days even if a provision exists in standing orders. you need to conduct domestic enquiry and terminate the employee after due procedures. There have been a lot of judgements in this respect. even though this may take little time, it is required for the drastic action that you are going to take. since, the charge will be "absence without leave/sanction/information", the employee may not turn up for the enquiry, hence, ex-parte procedure should be followed without any flaw. may also comply with sec.33 of ID Act.
V K Sajan
From India, Bangalore
Probably, you may like to consider the following:
Voluntary abandonment does not hold good these days even if a provision exists in standing orders. you need to conduct domestic enquiry and terminate the employee after due procedures. There have been a lot of judgements in this respect. even though this may take little time, it is required for the drastic action that you are going to take. since, the charge will be "absence without leave/sanction/information", the employee may not turn up for the enquiry, hence, ex-parte procedure should be followed without any flaw. may also comply with sec.33 of ID Act.
V K Sajan
From India, Bangalore
Chaitra,
Adding to what have been said by others, as the name itself suggests 'habitual absentee' means, he should be continuously absent on more than one occasion and after exploiting other methods like issuing warnings, suspensions then he could be charge sheeted. Even then other options like increment cuts, downgrading to the lowest of scale of pay and/or demotion to the lower posts could be resorted to as a soft punishment before capital punishment of termination decision out of a formal inquiry is initiated. I think this should be a fair exercise of natural justice from the point of the employee involved. However any decision would depend on the past record and performance and conduct of this person. We have seen a few known good workers, sometimes happens to be habitual spent-thrift, boozers or toiling with unresolved family problems, failed love affairs, broken relationships etc. could be reasons for behaviours like this, but considering their caliber they are tolerated if otherwise they are normal and competent when on duty and cooperates with the colleagues well in discharging their duties.
From India, Bangalore
Adding to what have been said by others, as the name itself suggests 'habitual absentee' means, he should be continuously absent on more than one occasion and after exploiting other methods like issuing warnings, suspensions then he could be charge sheeted. Even then other options like increment cuts, downgrading to the lowest of scale of pay and/or demotion to the lower posts could be resorted to as a soft punishment before capital punishment of termination decision out of a formal inquiry is initiated. I think this should be a fair exercise of natural justice from the point of the employee involved. However any decision would depend on the past record and performance and conduct of this person. We have seen a few known good workers, sometimes happens to be habitual spent-thrift, boozers or toiling with unresolved family problems, failed love affairs, broken relationships etc. could be reasons for behaviours like this, but considering their caliber they are tolerated if otherwise they are normal and competent when on duty and cooperates with the colleagues well in discharging their duties.
From India, Bangalore
Dear Chitra,
If rule is specify in the standing order then, legally you have right to take action against him as mentioned in standing order. but, as one of the member said that, domastic inqueiry need to taken, as i said already first step of domastic inqueiry is need to issue him the charge sheet, if he reply then, inquiry can start or initiate. but, he has not reverted on the same, then it shall be presume that, he is guity on said chargess.
Here, please note that, not responding on charge sheet may create the picts as employee is not taking the company policy, culture, rules & regulation seriously & responsiblitily, as employee he is bound to follow & respect the same.
Labour law is made for avoid the exploitation of employee, but, if any employee missuse or trying to hide hiself behind the same it for his personal interest, then company also have rights to defend, only things that, company need to take this case, diplomatically & smartly.
From India, Mumbai
If rule is specify in the standing order then, legally you have right to take action against him as mentioned in standing order. but, as one of the member said that, domastic inqueiry need to taken, as i said already first step of domastic inqueiry is need to issue him the charge sheet, if he reply then, inquiry can start or initiate. but, he has not reverted on the same, then it shall be presume that, he is guity on said chargess.
Here, please note that, not responding on charge sheet may create the picts as employee is not taking the company policy, culture, rules & regulation seriously & responsiblitily, as employee he is bound to follow & respect the same.
Labour law is made for avoid the exploitation of employee, but, if any employee missuse or trying to hide hiself behind the same it for his personal interest, then company also have rights to defend, only things that, company need to take this case, diplomatically & smartly.
From India, Mumbai
Hi HR Friends, VAOS - VOLUNTARY ABANDONMENT OF SERVICE - S.O.
Though SO as certified provides removal of person on above grounds of absenting for more than 8 days, natural justice rules tobe followed. When a worker resigns, all HR problems is solved but when a worker is removed under VAOS, all HR problem starts, HR will be the target if the worker comes back & agitate to take back. Hence, even if there is delay, the intention of the worker to be understood & after all options are exhausted like, Issuing Show Cause Notice, Conducting Enquiry, Publishing in News Paper - Notice Boards etc., . HR must be cautious and every care tobe taken before terminating.
EX-AGM-HR, HR CONSULTANT Ph: 9341111972
From India, Bangalore
Though SO as certified provides removal of person on above grounds of absenting for more than 8 days, natural justice rules tobe followed. When a worker resigns, all HR problems is solved but when a worker is removed under VAOS, all HR problem starts, HR will be the target if the worker comes back & agitate to take back. Hence, even if there is delay, the intention of the worker to be understood & after all options are exhausted like, Issuing Show Cause Notice, Conducting Enquiry, Publishing in News Paper - Notice Boards etc., . HR must be cautious and every care tobe taken before terminating.
From India, Bangalore
Dear Chaitra,
I have gone through your query and the replies to the thread, I wish to add or amend as under:-
(i) In reply to Sh Tushr's mail, you have clarified to him that "Yes we do have standing order registered".Let me make it clear that the standing orders of an establishment are regulated under the Industrial Employment (Standing Orders) Act,1946 and rules made thereunder.There is no provisions for registration under the Act rather it is the "certification" of standing orders by the the Certifying Officer.
(ii) You have liked to know the termination on habitual unauthorized Absent. Let me make it clear it is not as simple as looks to be.First of all the management have to prove by showing the occassions on which delinquent remained absent and should have warned him from time to time.
(iii) Though it is customqary to have such a clause in the standing orders of the establishment but in practice, you need to follow "Principles of Natural Justice" by issuing a Show cause notice (not charge sheet as some members have mentioned) seeking his explantion for the absence.Then you have to examine his reply and take action.
(iv) In my opinion, even following proper procedure and terminating one's services for unauthorized absent for more than 8 days by applying the standing order clause of 'voluntarily abandonment of service' will not be considered to be proper & just. Your such an action may be considered as TOO HARSH by the court of law, when a lesser punishment of minor magitude could have met the requirement.
BS Kalsi
Member since Aug 2011
From India, Mumbai
I have gone through your query and the replies to the thread, I wish to add or amend as under:-
(i) In reply to Sh Tushr's mail, you have clarified to him that "Yes we do have standing order registered".Let me make it clear that the standing orders of an establishment are regulated under the Industrial Employment (Standing Orders) Act,1946 and rules made thereunder.There is no provisions for registration under the Act rather it is the "certification" of standing orders by the the Certifying Officer.
(ii) You have liked to know the termination on habitual unauthorized Absent. Let me make it clear it is not as simple as looks to be.First of all the management have to prove by showing the occassions on which delinquent remained absent and should have warned him from time to time.
(iii) Though it is customqary to have such a clause in the standing orders of the establishment but in practice, you need to follow "Principles of Natural Justice" by issuing a Show cause notice (not charge sheet as some members have mentioned) seeking his explantion for the absence.Then you have to examine his reply and take action.
(iv) In my opinion, even following proper procedure and terminating one's services for unauthorized absent for more than 8 days by applying the standing order clause of 'voluntarily abandonment of service' will not be considered to be proper & just. Your such an action may be considered as TOO HARSH by the court of law, when a lesser punishment of minor magitude could have met the requirement.
BS Kalsi
Member since Aug 2011
From India, Mumbai
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