Explanation letter for unauthorized absence


  • How to Manage Unauthorised Absence in the Workplace
  • Show Cause Notice to Employee for Absenteeism in Word Format
  • Apology Letter For Being Absent Without Notice
  • Assignment Point - Solution for Best Assignment Paper
  • Reprimand for Unauthorized Absence
  • How to Manage Unauthorised Absence in the Workplace

    Repeated instances of unauthorized absence do suggest that your business has much deeper problems than a dip in productivity. What does it say about your company culture? Of course, some employees are simply unscrupulous. This is why many businesses treat it as theft.

    They make it grounds for dismissal, in an attempt to dissuade people from even considering it. But still, it cannot be denied that unauthorized absence might be a sign that your business is suffering from an insidious malaise. How to Manage Unauthorised Absence 1. A Clear Absence Management Policy This will help your business to cope with cases of unauthorized absence.

    Learn how to create an absence management policy here. Make it Clear in Employee Contracts and Handbooks Include a clear definition and make sure you outline the sort of permissible absences for sickness, injuries, ill health, mental ill-health, family emergencies, etc. Explain that you take instances of unauthorized absence very seriously, and clearly outline the penalties that await any employees who take time off for no good reason.

    This way, everyone will know exactly where they stand. Use Absence Reporting to Spot Occurrences With our absence reporting system , you can monitor your absence statistics to look for patterns. For example, you might find that an employee regularly calls in sick on Mondays and Fridays.

    Is this a coincidence, or are they just planning, or recovering from, big weekends? Our absence management software also allows you to set absence triggers. HR and management can get notified whenever an unauthorized absence is recorded, so you can act before things get problematic.

    And if all employees know that you conduct them as standard, they may be discouraged from taking that sickie in the first place. Employee Wellbeing Another way is to help your employees find genuine fulfillment in their work. Happy employees may be less likely to pull sickies. Should You Discipline Employees? Disciplinary action should be a last resort. No company should view a single instance of unauthorized absence as gross misconduct.

    In the first instance, you should try to contact the employee. After all, this might be an emergency. You should then write the employee a letter. Once the employee returns to work, conduct your standard return to work interview.

    Allow them to explain themselves as they might have a perfectly good reason. It might have been a family emergency, which occupied all their time and attention. It could be that they felt overwhelmed with stress, anxiety, or another mental ill-health issue.

    Or even have been a problem with another team member, an issue of harassment or bullying. In many cases, it may be down to you to help, rather than discipline. Most businesses issue formal disciplinary warnings to employees caught skiving. Your business will have its policies and procedures for disciplinary hearings.

    So long as you give sufficient notice to the employee, you can conduct the hearing without them. You can dismiss employees if you feel that their continued unauthorized absence can be classed as gross misconduct.

    But let the employee know that they can appeal your decision, and give them details on how to raise their appeal. Understand and manage unauthorized absence today to progress your culture Request a personalized online demo today. Sign me up!

    Show Cause Notice to Employee for Absenteeism in Word Format

    Claim of Abandonment vs. Filing of Illegal Dismissal The intent to discontinue the employment must be shown by clear proof that it was deliberate and unjustified. Abandonment is a matter of intention and cannot lightly be presumed from certain equivocal acts. Absence must be accompanied by overt acts unerringly pointing to the fact that the employee simply does not want to work anymore. And the burden of proof to show that there was unjustified refusal to go back to work rests on the employer.

    The employer has the burden to prove abandonment The issue of whether the employee has abandoned his work is factual. The law does not enumerate what specific overt acts can be considered as strong evidence of the intention to sever the employer-employee relationship. Failure of the employer to present attendance record even when this was readily available to it could only mean that had said evidence been produced, they would have negated the claim that respondent had been on AWOL.

    Mere unexplained absence is not sufficient. It is the employer who has the burden of proof to show a deliberate and unjustified refusal of the employee to resume his employment without any intention of returning. The employer should adduce proof of some overt act of the employee that clearly and unequivocally show his intention to abandon his post. Employers have to prove a deliberate and unjustified refusal on the part of the employee to resume his employment and such refusal must be clearly shown.

    Mere absence is not sufficient. It must be accompanied by overt acts unerringly pointing to the fact that the employee simply does not want to work anymore.

    An employee who had been absent for a period of one 1 year, without any valid notice or leave and not due to illness or disease, may be dismissed on the ground of abandonment. An employee whom the employer deems to have abandoned his work cannot be automatically terminated. Due process is required in order for the dismissal to be valid.

    Abandonment of work does not per se sever the employer-employee relationship. It is merely a form of neglect of duty, which is in turn a just cause for termination of employment. The operative act that will ultimately put an end to this relationship is the dismissal of the employee after complying with the procedure prescribed by law. If the employer does not follow this procedure, there is illegal dismissal. Due process in the case of abandonment means the service of two 2 notices to the employee, viz: 1.

    First notice directing the employee to explain why he should not be declared as having abandoned his job; and 2. While abandonment signifies a clear intention to cut the relationship with the employer. A worker who overextended his vacation leave cannot be said to have abandoned his job due to the failure of the employer to adduce proof of overt acts on the part of employee showing clearly and unequivocably his intention to abandon his work.

    However, it is one thing to say that private respondent did not abandon his work. It is quite another to say that he is likewise not guilty of AWOL. For going AWOL, the employee may be subjected to disciplinary action. Form No. Records show that your absence was not authorized under an approved leave application.

    In this regard, please be informed that unauthorized absence or absences without leave AWOL constitutes gross and habitual neglect of duties, which is a ground for termination under the Labor Code. On record, this is one of several instances of absences without leave which as of this date constitutes 11th instance and a total of twenty-four 24 days of unauthorized absences.

    In view of the forgoing, you are hereby required to submit a written explanation to this office within five 5 days from receipt of this notice, stating why the Company should not terminate your employment. You may be accompanied by your own counsel at the said conference if you wish to be assisted by one. Your failure to submit your written explanation within the period provided shall be construed as a waiver of your right to be heard and the Company shall decide the matter on the basis of all records and evidence available to it.

    Your compliance is strongly encouraged. Special Introductory Price Until March 15, Share this post.

    Apology Letter For Being Absent Without Notice

    If no contact or information is received about the absence by the end of the second day, it would be reasonable to invite the employee to a disciplinary hearing to answer the allegation of their unauthorised absence. In the invite letter, full details of the absence should be provided along with information regarding contact attempts by the employer.

    Sufficient notice must be allowed for this meeting. The letter should be sent out recorded delivery and a copy also sent via email if the employee has provided an email address to the employer, this will minimise the risk of the employee claiming they did not receive a letter. If the employee fails to attend the disciplinary hearing and there has been no contact from the employee or any information received, the meeting should be rescheduled, and the employee allowed one more opportunity to attend.

    The letter of invitation sent to the employee should be sent again by recorded delivery and to their email address if they have one. The letter should also state that it is a rescheduled disciplinary and if the employee fails to attend or make contact with the company then this will result in the hearing being held in the employees absence and a decision will be made in their absence.

    If a disciplinary sanction is issued to the employee, then the employee must be given the right to appeal inline with the disciplinary policy.

    Assignment Point - Solution for Best Assignment Paper

    An employee has the statutory right to be accompanied at any disciplinary hearing by either a colleague or a trade union representative. If you would like further guidance on unauthorised absences or any other HR topic please contact Clover HR on or email us at info cloverhr. Step 3: Keep notes Keep an accurate record of your attempts to contact the employee, including times of calls and any voicemails left. This invite should notify them that if they fail to attend, the meeting is likely to go ahead regardless and a decision may be made in their absence.

    If the employee does attend the disciplinary meeting and is able to provide a good reason for the unauthorised absence, you should reiterate the process for reporting absences, inform them that a file note will be added to their employee record and if there are further instances of taking unauthorised absence then you may consider further formal action. Dismissing an employee for unauthorised absence One day of unauthorised absence is unlikely to warrant dismissal, but if an employee continues to take days of unauthorised absence, and you have followed your disciplinary procedure for misconduct, holding formal meetings and issuing written warnings, then it may be appropriate to proceed to dismissal.

    Why did you not call in to notify us of your absence? Explain that repeatedly failing to do so could lead to disciplinary action. And the burden of proof to show that there was unjustified refusal to go back to work rests on the employer.

    The employer has the burden to prove abandonment The issue of whether the employee has abandoned his work is factual. The law does not enumerate what specific overt acts can be considered as strong evidence of the intention to sever the employer-employee relationship. Failure of the employer to present attendance record even when this was readily available to it could only mean that had said evidence been produced, they would have negated the claim that respondent had been on AWOL.

    Mere unexplained absence is not sufficient.

    Reprimand for Unauthorized Absence

    It is the employer who has the burden of proof to show a deliberate and unjustified refusal of the employee to resume his employment without any intention of returning. The employer should adduce proof of some overt act of the employee that clearly and unequivocally show his intention to abandon his post.

    Employers have to prove a deliberate and unjustified refusal on the part of the employee to resume his employment and such refusal must be clearly shown. Mere absence is not sufficient. It must be accompanied by overt acts unerringly pointing to the fact that the employee simply does not want to work anymore. An employee who had been absent for a period of one 1 year, without any valid notice or leave and not due to illness or disease, may be dismissed on the ground of abandonment.

    An employee whom the employer deems to have abandoned his work cannot be automatically terminated.


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