Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

BDRchandan (HEAD-HR)     04 January 2012

Absentism

An employee is absent since last 4 months without permission. Can we terminate his service without conducting enquiry?



Learning

 6 Replies

akash kapoor (*************)     04 January 2012

THERE IS A RULE OF NATURAL JUSTICE THAT EVERY PERSON MUST HAS TO BE GIVEN A REASONABLE OPPORTUNITY TO BE HEARD. ONE CAN TAKE AN EX PARTE DISCISION ONLY WHEN REASONABLE NOTICE IS SEND TO THAT PERSON AND HE FAILED TO ATTEND..

Kumar Doab (FIN)     04 January 2012

If you complete the process you have a record to show at appropriate time to appropriate forum.

HR should take reasonable and balanced decisions. Head-HR is a good office of the company.

It shall be appropriate to diagnose properly the circumstances and reasons why the employee absconded?

If there has been heartburn, the same should be addressed and employee may be persuaded to resign and be relieved peacefully. Both parties shall be happy and at peace.

Vinod Phulchand Pawar (Lawyer/Advocate)     05 January 2012

 You can terminated the services of that Employee, without conducting the enquiry also.

kameswarao S (Head HR)     05 January 2012

Have you build any file ie., you are saying it is almost 4 months in this period how many notices, telegrams you have sent to the employee asking him to report for duty. if yes

then you better organize an domestic enquiry, enquiry time, date & venue to be published in the news paper, organize enquiry, even after that also he has not attended then make ex-parte and terminate.

As rightly mentioned by Mr.kumar doab try to obtain the information about his absence, if the employee is really having problem support him. If he is not interested better to ask for resignation and close because it is a win win situation for both the parties.

Regards - kamesh

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     08 January 2012

At first at least one notice should be sent to his known address ( generally it will be the address given by the employee himself at the time of his appointment). If he has given more than one address say, a current address and a personal address, notice should be sent to both the addresses by Regd.A.D. Generally the wording of the notice will be "to show cause why his services should not be terminated. The letter may get returned with remarks "addressee unavailable" or some other reason. It can also be that the letter is received by him or someone else on his behalf and he sends no reply. The next step would be to give a notice in one or two newspapers. If he still does'nt reply nor report to the office, a registered letter can be sent again terminating his services. All the above steps are not mandatory. But in order to be fair to the employee and to avoid any kind of dispute later it may be better to follow at least some of the above steps

Kumar Doab (FIN)     08 January 2012

If possible you may explore the option of locating the whereabouts of this employee thru a reasonable good resource which could be a line management personnel, executive, colleague and speak to the employee.

If you reassure the employee and be genuine you would be available to resolve the matter and reduce burden of litigation. This approach is time tested and is found to work in majority of the situations.  In many of the situations employee absconds when employer steps on the toes of employee.

This exercise may broaden the horizons for self, employee and all those who are involved in current and future ventures.

If nothing works, you have the other options.

Choice is yours. Kindly proceed as deemed fit.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query