Employee Absenteeism/Lateness - Labour Law Blog

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Nov 28, 2014

Employee Absenteeism/Lateness

a. Absence from work for one day at a time or habitual late coming, missing from place of work, taking long meal breaks

Taking action according to whether the offence would be considered as major or minor misconduct. The step by step action to be taken will be according to Employee Minor/ Major Misconduct

b. Absence more than two consecutive days 

The Employment Act 1955 under Sec. 15(2) states that being absent from work for more than two (2) consecutive days is a breach of contract, deemed to be major misconduct, however, the Company may decide otherwise in relation to action that needs to be taken. Essential, the steps taken to address this situation will be as listed in Employee Minor/ Major Misconduct. Absence more than two consecutive days 

The Employment Act 1955 under Sec. 15(2) states that being absent from work for more than two (2) consecutive days is a breach of contract, deemed to be major misconduct, however, the Company may decide otherwise in relation to action that needs to be taken. Essential, the steps taken to address this situation will be as listed in Employee Minor/ Major Misconduct.

c. Absence for an indefinite period of time 

Absence for an indefinite period of time is major misconduct that should not be condoned in any way. 

Step 1 
A letter should be sent to the employee's last known address in the company's records by way of A.R. Registered Post, explaining his conduct and the consequences.

Step 2 
If the employee turns up after the AR Registered Post, a show cause letter will be issued to the employee 
a. If the reply is unreasonable and the employee's previous record has a history of similar misconducts, he may be dismissed without notice; or 
b. If his reply is unreasonable but has a clean past record, give some other lesser punishment e.g. warning or suspension from work.

Step 3 
The period of absence would be without wages.

Step 4 
The period of absence would be without wages. 
If he does not respond, the company can assume that he has abandoned his employment without notice and make a claim against him for pay-in-lieu of notice.

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