I have a query regarding employee termination in case of no-show no-call. In case, an employee is on no show no call for 3-consective days, what would be the process to initiate the termination process? Also, in case this employee comes back before the termination and ask to resign, can the company still terminate the employee?
Please suggest. Thanks!!!
From India, Lucknow
Please suggest. Thanks!!!
From India, Lucknow
Dear Nody
One should follow the principles of natural justice before inflicting the dismissal on anyone. The person should be afforded proper opportunity of being heard. Send him notices for unauthorized absence directing to report for duty and invite written explanation for unauthorized absence. If he/she is not responding to your absence notices, issued a show cause notices giving references to the clauses of his/her appointment letter and service rules applicable to your organization. Conduct domestic inquiry and then took a final call on the basis of finding of the inquiry officer.
From India, Gurgaon
40One should follow the principles of natural justice before inflicting the dismissal on anyone. The person should be afforded proper opportunity of being heard. Send him notices for unauthorized absence directing to report for duty and invite written explanation for unauthorized absence. If he/she is not responding to your absence notices, issued a show cause notices giving references to the clauses of his/her appointment letter and service rules applicable to your organization. Conduct domestic inquiry and then took a final call on the basis of finding of the inquiry officer.
From India, Gurgaon
Dear Nody,
Firstly try to contact the candidate, using the information furnished by the employee at the time of joining - personal file . (i.e, might be his residence, reference etc). if no proper response, you can send the letter through registered post, after 04 days, like wise the 02 letters has to be sent, seeking an explanation as Ms. Approva stated above.
If no responses, then we can go-ahead issuing the termination letter.
In case, the employee comes to the organization and gives his resignation - with the requisite explanation, then its better to accept his resignation after taking the careful thought on the below issues.
* Are there outstanding projects to be completed or ongoing tasks to assign to another employee??
* Who should take over the ongoing tasks
* Who will tell affected employee(s)about the re-assignments? How and when will this happen?
* How much time is needed to transition responsibilities?
* Will the employee be relieved of his/her duties immediately or will s/he continue in their role? For how long?
* Do any current duties need to be shifted to accommodate employees who are taking on additional work?
Regards,
Sunil
From India, Bangalore
Firstly try to contact the candidate, using the information furnished by the employee at the time of joining - personal file . (i.e, might be his residence, reference etc). if no proper response, you can send the letter through registered post, after 04 days, like wise the 02 letters has to be sent, seeking an explanation as Ms. Approva stated above.
If no responses, then we can go-ahead issuing the termination letter.
In case, the employee comes to the organization and gives his resignation - with the requisite explanation, then its better to accept his resignation after taking the careful thought on the below issues.
* Are there outstanding projects to be completed or ongoing tasks to assign to another employee??
* Who should take over the ongoing tasks
* Who will tell affected employee(s)about the re-assignments? How and when will this happen?
* How much time is needed to transition responsibilities?
* Will the employee be relieved of his/her duties immediately or will s/he continue in their role? For how long?
* Do any current duties need to be shifted to accommodate employees who are taking on additional work?
Regards,
Sunil
From India, Bangalore
Nody,
Is this process of termination on 3 days of no call no show a part of the company policy ?
Is it in your standing orders or other terms of employment document clearly disclosed to the employees ?
If not, then you can not legally dismiss him for just 3 days of absence.
If you have disclosed the policy to the employees, then yes, you can initiate disciplinary action, which may result in termination.
however, if the employee has returned and submitted his resignation, why are you still insistant on termination ? Why not accept his resignation with immediate effect and finish the matter ?
From India, Mumbai
Is this process of termination on 3 days of no call no show a part of the company policy ?
Is it in your standing orders or other terms of employment document clearly disclosed to the employees ?
If not, then you can not legally dismiss him for just 3 days of absence.
If you have disclosed the policy to the employees, then yes, you can initiate disciplinary action, which may result in termination.
however, if the employee has returned and submitted his resignation, why are you still insistant on termination ? Why not accept his resignation with immediate effect and finish the matter ?
From India, Mumbai
Dear Nody,
Disciplinary action should be based on the Principle of Natural Justice. That is, No man shall be the judge in his own cause and
Opportunity provided for being Heard. Termination for three days of unauthorised absence from duty (no call, no show) will not be viewed logical and appropriate in the eyes of law and under such circumstance, the delinquent employee will come back to your establishment with the order of reinstatement from the court. Mr. Saswat Banerjee is correct, when employee is ready to submit his resignation, why are you still insisting on terminating him ? Court will definitely view it as a prejudiced move.
Logically, you can issue him a show cause notice through register post as well as through UPC and give him 72 hours to reply from receipt of the show cause notice. Based on the reply, you can issue him a warning letter. Remember, Warning Letter is also a type of punishment. However, in your case, to proceed ahead with termination procedure is absolute "No". This move may be challenged under Section 2 A of the ID Act, no matter termination order was issued after the misconduct proven through a fair and proper Enquiry.
I would suggest, please take the easy course of action, that it accepting his resignation and relieve him.
Rgds,
Rakesh Pd Srivastav
From India, Gurgaon
Disciplinary action should be based on the Principle of Natural Justice. That is, No man shall be the judge in his own cause and
Opportunity provided for being Heard. Termination for three days of unauthorised absence from duty (no call, no show) will not be viewed logical and appropriate in the eyes of law and under such circumstance, the delinquent employee will come back to your establishment with the order of reinstatement from the court. Mr. Saswat Banerjee is correct, when employee is ready to submit his resignation, why are you still insisting on terminating him ? Court will definitely view it as a prejudiced move.
Logically, you can issue him a show cause notice through register post as well as through UPC and give him 72 hours to reply from receipt of the show cause notice. Based on the reply, you can issue him a warning letter. Remember, Warning Letter is also a type of punishment. However, in your case, to proceed ahead with termination procedure is absolute "No". This move may be challenged under Section 2 A of the ID Act, no matter termination order was issued after the misconduct proven through a fair and proper Enquiry.
I would suggest, please take the easy course of action, that it accepting his resignation and relieve him.
Rgds,
Rakesh Pd Srivastav
From India, Gurgaon
Dear Friends:
In my experience it all boils down to how badly you need that employee and what is at stake due to his absence or abandoning the job. It you need the guy, you need to chase him until you and your company are safe. From an HR angle, we would always first try all means to establish contact and patch up the things.
However, if you are better off without him/her, simply allow a 90 consecutive days' absence and terminate him with a registered a/d letter. In such case, notice, enquiry etc. is not needed. In fact if you correspond then all this would be unavoidable. You have to also follow a process of Settlement, but please consult your lawyer before you do this, though.
Regards,
Kalpana Iyer
From India, Pune
In my experience it all boils down to how badly you need that employee and what is at stake due to his absence or abandoning the job. It you need the guy, you need to chase him until you and your company are safe. From an HR angle, we would always first try all means to establish contact and patch up the things.
However, if you are better off without him/her, simply allow a 90 consecutive days' absence and terminate him with a registered a/d letter. In such case, notice, enquiry etc. is not needed. In fact if you correspond then all this would be unavoidable. You have to also follow a process of Settlement, but please consult your lawyer before you do this, though.
Regards,
Kalpana Iyer
From India, Pune
Look like I am late to reply, Nody must have taken the decision/action (under pressure of higher management).
But when I was reading the question I thought of a situation where an employee is met with an accident and is in sever condition, and some how unable to inform. Now how come a company expects him to inform when the HR itself is not keen to know the situation of the employee.
(I am really not bother about his/her productivity. I also not like the comment “to take immediate action and terminate him”. Why after all he is not indulge in sexual harassment or gross financial wrong doing and at last has not done any criminal activity).
Apoorava is 100 % correct mentioning natural justice, that it self explain the procedure. I mean how come such dictator ship be followed, where we, HR Professionals are more keen to issue termination letters rather than coming to a logical conclusion.
Also those organization who took arbitrary action and where they have such policies, should be ready to be screwed by labour court.
Rupendra Chahar
From India, Gurgaon
But when I was reading the question I thought of a situation where an employee is met with an accident and is in sever condition, and some how unable to inform. Now how come a company expects him to inform when the HR itself is not keen to know the situation of the employee.
(I am really not bother about his/her productivity. I also not like the comment “to take immediate action and terminate him”. Why after all he is not indulge in sexual harassment or gross financial wrong doing and at last has not done any criminal activity).
Apoorava is 100 % correct mentioning natural justice, that it self explain the procedure. I mean how come such dictator ship be followed, where we, HR Professionals are more keen to issue termination letters rather than coming to a logical conclusion.
Also those organization who took arbitrary action and where they have such policies, should be ready to be screwed by labour court.
Rupendra Chahar
From India, Gurgaon
Dear Nody
While deciding Termination case court always look to a) Whether it is Retrenchment-If yes then whether compensation @15 days wages for per completed year of service & Notice or notice pay is paid & b) Whether it is Termination as punishment-Whether Domastic Enquiry is conducted if Not then the court will issue stay order for such illegal termination Hence I say that
Any termination ( Except Retrenchment ) of services of workman without conducting domastic Enquiry procedure as laid down in standing orders, will be illegal & the Labour court will give stay order for the same. As regards Termination-I say that it is temporary closing of disputable issue. ( The workman may file a case )
Whereas accepting Resignation is permanant closing of disputable issue. ( The workman may file a case )
You have to decide which option you want to follow
SDP
From India, Kolhapur
While deciding Termination case court always look to a) Whether it is Retrenchment-If yes then whether compensation @15 days wages for per completed year of service & Notice or notice pay is paid & b) Whether it is Termination as punishment-Whether Domastic Enquiry is conducted if Not then the court will issue stay order for such illegal termination Hence I say that
Any termination ( Except Retrenchment ) of services of workman without conducting domastic Enquiry procedure as laid down in standing orders, will be illegal & the Labour court will give stay order for the same. As regards Termination-I say that it is temporary closing of disputable issue. ( The workman may file a case )
Whereas accepting Resignation is permanant closing of disputable issue. ( The workman may file a case )
You have to decide which option you want to follow
SDP
From India, Kolhapur
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