In many organizations across the spectrum, the HR Manager has to face a situation wherein he/she has to act against a workman or an employee who is absent from duty for a long time without any prior permission or intimation to Management. In the case of an old company, having a legacy, the list of such absentees may be long. Management will be always eager to strike off the names of long absentees from the rolls of the Company, on priority, as long absenteeism impacts the production and productivity as well. The HR manager under such circumstances, may sometimes come under pressure to act and may abruptly terminate the service of the employee. While terminating the service of such an employee, it is either stated in the letter to the long absentee, that he has abandoned his services on his own accord or state such termination is under the terms and conditions of the certified standing order or service rule. However, when such actions are subjected to judicial scrutiny it becomes difficult to defend the case of such abrupt termination which may ultimately result in reinstatement...
Absenteeism
Dealing with Long Absenteeism
The Supreme Court in D.K. Yadav vs. JMA Industries 1993 LLR 584 has held that if a workman remains absent without sanction of leave for eight or even more days, the employer cannot draw the presumption that the employee has abandoned his job on his own volition. Holding enquiry is imperative.
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October 2024
