Hi all,
I am working as an HR in an automation company. One of our employees has been absent for more than 10 days without any intimation to their superior. Consequently, our company management instructed me to send them a termination email. Is this action in compliance with labor laws?
From India, Aurangabad
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I am working as an HR in an automation company. One of our employees has been absent for more than 10 days without any intimation to their superior. Consequently, our company management instructed me to send them a termination email. Is this action in compliance with labor laws?
From India, Aurangabad
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Dear,
I think you have a standing order in your company that must be authorized by the company's competent person and the Labour office. Please carefully read what punishment has been explained for an employee if he/she is absent from duty without information. Please cross-check the appointment letter as well.
From United Arab Emirates, Dubai
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45I think you have a standing order in your company that must be authorized by the company's competent person and the Labour office. Please carefully read what punishment has been explained for an employee if he/she is absent from duty without information. Please cross-check the appointment letter as well.
From United Arab Emirates, Dubai
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Send a letter to the employee at his/her permanent address with Regd AD, stating that they have been on unauthorized leave for the past 10 days. Request that the employee return to duty within 3 days of receiving the letter and provide an explanation for taking unauthorized leave.
Mention that failure to comply will lead to the assumption that the employee is no longer interested in the job and is absconding, resulting in termination for absconding.
From India, Ahmadabad
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Mention that failure to comply will lead to the assumption that the employee is no longer interested in the job and is absconding, resulting in termination for absconding.
From India, Ahmadabad
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Dear Seniors,
I have a query in my organization. There is no culture of giving appointment letters, and there are more than 100 employees working, but the model standing order applies. I want to know if anybody resigns, can we deduct one month's salary of the employee in lieu of notice since there is no appointment letter given.
Regards,
Dinesh Kumar
From India, New Delhi
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I have a query in my organization. There is no culture of giving appointment letters, and there are more than 100 employees working, but the model standing order applies. I want to know if anybody resigns, can we deduct one month's salary of the employee in lieu of notice since there is no appointment letter given.
Regards,
Dinesh Kumar
From India, New Delhi
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Dear Dinesh,
If you would like to implement something, you need to have a procedure for the same, and that should be in writing.
Keep in mind that both parties (Employee & Employer) have equal opportunities in terms of conditions of appointment and so on.
P.S. Dear Saji, through this absconding letter, we can assume the resignation of the employee, but there must be conditions for both temporary and permanent employees. It is necessary to follow the standing order and company policy.
From United Arab Emirates, Dubai
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If you would like to implement something, you need to have a procedure for the same, and that should be in writing.
Keep in mind that both parties (Employee & Employer) have equal opportunities in terms of conditions of appointment and so on.
P.S. Dear Saji, through this absconding letter, we can assume the resignation of the employee, but there must be conditions for both temporary and permanent employees. It is necessary to follow the standing order and company policy.
From United Arab Emirates, Dubai
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Hi Aparna,
Yes! If the respective employee has the same employment history of continuous absenteeism with or without intimation. Also, if the reporting authority instructs you to send the termination letter, in that case, you can send it.
No, if the employee didn't inform about leaves for 10 days, then as per process, first try calling him/her on provided contact numbers and secondly, via emails. Still, if the employee doesn't respond within 2-3 days, then we can send a termination letter. For the same, you should have an official email from the respective reporting authority.
(Inviting seniors to comment more as per their company's HR policies.)
Thanks,
Manoj Javir.
From India, Pune
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Yes! If the respective employee has the same employment history of continuous absenteeism with or without intimation. Also, if the reporting authority instructs you to send the termination letter, in that case, you can send it.
No, if the employee didn't inform about leaves for 10 days, then as per process, first try calling him/her on provided contact numbers and secondly, via emails. Still, if the employee doesn't respond within 2-3 days, then we can send a termination letter. For the same, you should have an official email from the respective reporting authority.
(Inviting seniors to comment more as per their company's HR policies.)
Thanks,
Manoj Javir.
From India, Pune
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One thing is certain - you cannot just send a termination letter. First, check your standing orders. Check the appointment order. Contact the employee to find out if he is hospitalized or ill, etc. Principles of natural justice have to be followed by giving notice, a chance to reply, and then termination after considering the reply and/or evidence produced which shows the reason for absence. Follow due procedure before termination.
From India, Pune
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From India, Pune
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Dear Mr. Sandeep Sharma,
In my previous communication, I did not instruct to disregard the Standing Order or company Policy. Instead, I informed the employee to submit a letter of absconding, emphasizing that failure to reply or return to work will result in termination. It is important to note that I did not explicitly mention terminating the employee in my message.
Thank you for your attention to this matter.
Sincerely,
[Your Name]
From India, Ahmadabad
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In my previous communication, I did not instruct to disregard the Standing Order or company Policy. Instead, I informed the employee to submit a letter of absconding, emphasizing that failure to reply or return to work will result in termination. It is important to note that I did not explicitly mention terminating the employee in my message.
Thank you for your attention to this matter.
Sincerely,
[Your Name]
From India, Ahmadabad
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In the first step, termination orders cannot be issued under the rules. First of all, the official may be called or reminded to resume duty within seven days positively and informed of the reason for their unauthorized absence from duty. If they fail to do so, they may be reminded at least three times. If they continue to fail to comply, then they may be terminated immediately in accordance with the rules.
From Pakistan, Hāsal
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From Pakistan, Hāsal
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Mr. Rao has given his opinion very correctly. Termination of services on the grounds of unauthorized absence is not legal, proper, correct, and against the principle of natural justice. As our learned members opined, to send a registered letter to the address he provided at the time of joining directing him to report for duty, failing which disciplinary action will be initiated against him. If he responds to this, okay; otherwise, follow the procedures for disciplinary action. Before that, a Show Cause notice and charge sheet should be issued, and then conduct the enquiry. Wait for the findings of the enquiry officer and issue the orders. Please ensure that at the time of the enquiry, he should be permitted to defend himself either personally, through his colleagues, or through an office bearer of the union.
Adoni Suguresh
Labour Laws Consultant
From India, Bidar
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Adoni Suguresh
Labour Laws Consultant
From India, Bidar
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