Sir. What is the procedure of termination of employment if the worker goes on a long leave without information in private company. Also any rulings or judgements of honorable court.
From India, Palwal
From India, Palwal
Is this his first act of indiscipline? If yes, Issue a show cause notice asking him to submit his written explanation as to why disciplinary action should not be initiated against him.
If no, give reference of previous advice memos, warning letters etc. and issue a Charge sheet or
Charge sheet-cum-Suspension order pending enquiry. Initiate process of holding domestic enquiry and based on enquiry report suitable punishment may be awarded. As per Supreme court ruling, such enquiries should be completed within six months.
Though the person is working in private company (where, straight away termination takes place now-a-days) please follow the principle of natural justice and an opportunity to be given to the delinquent employee, for his explanation.
From India, Aizawl
625If no, give reference of previous advice memos, warning letters etc. and issue a Charge sheet or
Charge sheet-cum-Suspension order pending enquiry. Initiate process of holding domestic enquiry and based on enquiry report suitable punishment may be awarded. As per Supreme court ruling, such enquiries should be completed within six months.
Though the person is working in private company (where, straight away termination takes place now-a-days) please follow the principle of natural justice and an opportunity to be given to the delinquent employee, for his explanation.
From India, Aizawl
Dear member,
If the employee has proceeded on leave without due approval then it is unauthorised absence. For his/her unauthorised absence, send a notice to his last known address. Scan the copy of the notice and send it by email also. If no response is received then send one more notice. If still response is not received then order the domestic enquiry. Send him letter to depose before the Enquiry Officer on a specified date. If the employee does not depose then order one more time enquiry and follow the same procedure. If still employee does not turn up then you may take up ex partedecision and terminate the services of the employee.
Create one exclusive file for such employee. Preserve all the records carefully.
You may find that the procedure given above is boring and interminable too. However, to protect the interest of your company, you will have to follow the above procedure. The procedure involves cost of the sending letters by post etc however, if the employee were to go to court challenging the decision then the cost of litigation will be huge. Compared with that that the cost of postate and stationery is far lesser.
There are 'n' number of rulings by the courts since India became independent. Many times the courts have overturned the termination of the employee since due process of law or principles of natural justice were not followed. However, if the proper procedure is followed then courts also do not intervene in the internal matters of the company.
Thanks,
Dinesh Divekar
From India, Bangalore
If the employee has proceeded on leave without due approval then it is unauthorised absence. For his/her unauthorised absence, send a notice to his last known address. Scan the copy of the notice and send it by email also. If no response is received then send one more notice. If still response is not received then order the domestic enquiry. Send him letter to depose before the Enquiry Officer on a specified date. If the employee does not depose then order one more time enquiry and follow the same procedure. If still employee does not turn up then you may take up ex partedecision and terminate the services of the employee.
Create one exclusive file for such employee. Preserve all the records carefully.
You may find that the procedure given above is boring and interminable too. However, to protect the interest of your company, you will have to follow the above procedure. The procedure involves cost of the sending letters by post etc however, if the employee were to go to court challenging the decision then the cost of litigation will be huge. Compared with that that the cost of postate and stationery is far lesser.
There are 'n' number of rulings by the courts since India became independent. Many times the courts have overturned the termination of the employee since due process of law or principles of natural justice were not followed. However, if the proper procedure is followed then courts also do not intervene in the internal matters of the company.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear friend,
Unauthorised absence without any intimation is a misconduct by an employee and when he remains incommunicado it would be treated as abscondence or abandonment of job.
In such a situation, the employer should officially ask him to report for duty immediately with the explanation for the unauthorised absence. The communication should be sent by registered post on his last known address. In case of no response, charges should be framed as per the standing orders of the company, a domestic enquiry should be conducted and based on the enquiry findings, the employer can terminate his services after issuing a second show cause notice about the proposed punishment. If the employee remains incommunicado through out the entire process of disciplinary proceedings, all the communication should be done by publication in the vernacular news papers.
For rulings, you please search the web.
From India, Salem
Unauthorised absence without any intimation is a misconduct by an employee and when he remains incommunicado it would be treated as abscondence or abandonment of job.
In such a situation, the employer should officially ask him to report for duty immediately with the explanation for the unauthorised absence. The communication should be sent by registered post on his last known address. In case of no response, charges should be framed as per the standing orders of the company, a domestic enquiry should be conducted and based on the enquiry findings, the employer can terminate his services after issuing a second show cause notice about the proposed punishment. If the employee remains incommunicado through out the entire process of disciplinary proceedings, all the communication should be done by publication in the vernacular news papers.
For rulings, you please search the web.
From India, Salem
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Termination from Employment.pdf
TERMINATION OF EMPLOYMENT.doc