Hi,
I want to clear a issue regarding Termination. Can Company terminate any employee if an employee is on sick leave from 10-15 days without any proper information by employee.
Or we have to pay him one month salary against termination
or
we can terminate him directly because of not following the Company rules.
From India, Gurgaon
I want to clear a issue regarding Termination. Can Company terminate any employee if an employee is on sick leave from 10-15 days without any proper information by employee.
Or we have to pay him one month salary against termination
or
we can terminate him directly because of not following the Company rules.
From India, Gurgaon
dear doll,
it may be an attempt on the part of the employee to get terminated without serving the notice period (or make payment in lieu of this)
just search this forum a bit and you will know what's happening
From India, Madras
22it may be an attempt on the part of the employee to get terminated without serving the notice period (or make payment in lieu of this)
just search this forum a bit and you will know what's happening
From India, Madras
Dear Doll
1. If your employee is workman as defined in I D Act 1947, & if he has completed 240 days you can't terminate his services without conducting faie & legal domastic enquiry. ( Except retrenchment ). As regards his 10-15 days absence or sick leave , you have to conduct domastic enquiry as mentioned above.
2. While terminating employee ( Not workman )you have to follow the conditions specified in appointment order. If appointment order says one month notice or pay in lieu of notice is required then you have to follow the same.
Regards
SDP
From India, Kolhapur
1. If your employee is workman as defined in I D Act 1947, & if he has completed 240 days you can't terminate his services without conducting faie & legal domastic enquiry. ( Except retrenchment ). As regards his 10-15 days absence or sick leave , you have to conduct domastic enquiry as mentioned above.
2. While terminating employee ( Not workman )you have to follow the conditions specified in appointment order. If appointment order says one month notice or pay in lieu of notice is required then you have to follow the same.
Regards
SDP
From India, Kolhapur
Hi, if employee is absent without information or and have not any communication regarding his/her sickness with Employer/Boss/ Senior HR for days, and then why not employee be treated as “absconded”. You say how employer knows about the situation and the reality; therefore, you can certainly take action but by following the “Termination Procedure”, which is a demand of these kind of situations /acts as per the terms and rules laid down under Employment Letter.
Generally, when any employee found absent from job without any information for many days, employer adopt a procedure which permit them to issue a warning latter to employee first to report back with a valid reason of the act/leave without information, and if employee never respond, they can terminate the employee as per the procedure and T&Cs
In this case, of “Termination” (violation of rules by employee, specified under the mutual agreement “Employment /Appointment/Joining Letter” signed by both parties; Employee & Employer), there no employee can claim salary for “Notice Period*” or it is not applicable.
However, if employer retrenches any employee due to any uncertain conditions/situation or related reason, compensate the loss of employment to employee by paying Notice Period* Salary.
* For more, you need to go through the terms & conditions you are using with appointment/joining letters in your organization.
From India, Gurgaon
Generally, when any employee found absent from job without any information for many days, employer adopt a procedure which permit them to issue a warning latter to employee first to report back with a valid reason of the act/leave without information, and if employee never respond, they can terminate the employee as per the procedure and T&Cs
In this case, of “Termination” (violation of rules by employee, specified under the mutual agreement “Employment /Appointment/Joining Letter” signed by both parties; Employee & Employer), there no employee can claim salary for “Notice Period*” or it is not applicable.
However, if employer retrenches any employee due to any uncertain conditions/situation or related reason, compensate the loss of employment to employee by paying Notice Period* Salary.
* For more, you need to go through the terms & conditions you are using with appointment/joining letters in your organization.
From India, Gurgaon
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Termination-emp loyment_563.pdf
Termination letter.doc