One lady staff member under the ID Act did not report for duty after maternity leave. Unfortunately, no communication was sent to her seeking an explanation or initiating any disciplinary action. After nearly one year, due to circumstances, the employer does not want her to rejoin for duty.
Procedure for Removing Employee from Rolls
Is there any procedure to remove her name from the rolls without giving her any opportunity to rejoin for duty, even if she wants to, and will not be challenged as per the ID Act?
Acceptance of Relieving from Service
Can her submission of an application for PF and Gratuity be treated as her acceptance of being relieved from service?
From India, Kochi
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1Procedure for Removing Employee from Rolls
Is there any procedure to remove her name from the rolls without giving her any opportunity to rejoin for duty, even if she wants to, and will not be challenged as per the ID Act?
Acceptance of Relieving from Service
Can her submission of an application for PF and Gratuity be treated as her acceptance of being relieved from service?
From India, Kochi
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Employer's Responsibility in Employee Absence
First of all, it's the employer's fault to keep waiting for such a long period. After a continuous absence of 8 days, the employer was supposed to send a letter asking for reasons for not resuming duties. If not satisfied with the answer, the employer has the right to strike off her name from the muster roll, demand resignation, etc. However, somehow the employer didn't follow the norms. If the employer wants her to rejoin, they should take an undertaking first not to repeat such practices in the future.
As far as PF and Gratuity benefits are concerned, they are only paid after the full and final settlement of an employee.
Regards,
From India, Delhi
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First of all, it's the employer's fault to keep waiting for such a long period. After a continuous absence of 8 days, the employer was supposed to send a letter asking for reasons for not resuming duties. If not satisfied with the answer, the employer has the right to strike off her name from the muster roll, demand resignation, etc. However, somehow the employer didn't follow the norms. If the employer wants her to rejoin, they should take an undertaking first not to repeat such practices in the future.
As far as PF and Gratuity benefits are concerned, they are only paid after the full and final settlement of an employee.
Regards,
From India, Delhi
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Thank you, Mr. Babanaresh, for your valuable suggestion. However, the employer does not want her to rejoin. The employer's intention is to obtain her acceptance for relieving. If any communication is sent directly for an explanation, she may rejoin for duty, and the employer wants to avoid such a situation.
From India, Kochi
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From India, Kochi
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In such a situation, first try to get her resignation. If you fail, then apart from her full and final dues, provide her one month additional salary (Basic + DA + special allowance) as compensation or retrenchment allowance. Since she is a permanent employee under Section 2 of the ID Act (worked for more than 240 days), she is entitled to retrenchment compensation under Section 25F.
Regards,
From India, Delhi
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Regards,
From India, Delhi
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Legal Compliance Plan.xls