If the employee is not available for such an acceptance of your 'Termination', what is your response. The employee is absconding..
From India, Mumbai
1From India, Mumbai
I agree to this fact. Courts in their initial sittings, enquire whether the employee was given proper and fair chance to prove himself. In this case, the company should inform him that absenting unauthorisedly is a misconduct and should provide him adequate chance for responding to such a letter. It should also advise him to resume duty immediately. Three such notices gives the company advantage.
But this is not all. the company should initiate Domestic enquiry / Disciplinary action on the employee and if the employee is not attending the DE, the same may be conducted ex-parte and he may be terminated or punished according to the severity of the misconduct. In any court of law, the company should be able to prove that the misconduct was severe and has caused damages to the company / image.
if such a process is not followed, then the company is vulnerable for court orders against it (if the terminated employee approaches the court)
From India, Mumbai
But this is not all. the company should initiate Domestic enquiry / Disciplinary action on the employee and if the employee is not attending the DE, the same may be conducted ex-parte and he may be terminated or punished according to the severity of the misconduct. In any court of law, the company should be able to prove that the misconduct was severe and has caused damages to the company / image.
if such a process is not followed, then the company is vulnerable for court orders against it (if the terminated employee approaches the court)
From India, Mumbai
Dear White Eagle,
I totally agree with all. Now a days we always try to refer some authority made by Government/ SC/HC but not using our brain. All laws made as per such circumstances where no body stand with the complain. we became habituated to look back and go forward.
Thanks all of you for your valuable opinions.
Regards
Jai
From India
I totally agree with all. Now a days we always try to refer some authority made by Government/ SC/HC but not using our brain. All laws made as per such circumstances where no body stand with the complain. we became habituated to look back and go forward.
Thanks all of you for your valuable opinions.
Regards
Jai
From India
Dear friend,
If u r having a certified standing orders,then absconding will be a misconduct of unauthorised absence and u may have to take discplinary action to terminate his service by giving an oppurtunity of hearing.If you are not covered under Standing Orders Act and not having a standing order then you may go for termination under clauses of the appointment order/service rules ,if any.In any case there is no harm in releasing the relieving order if he has paid your dues.Even in case of termination ther is no harm in issuing relieving order citing the reason for termination.A relieving order is always safe as the severence of relationship gets communicated limiting company's liability.It is a very important communication internally also to all your branches and departments so that no connected person would transact with an employee who has ceased to be in the company.
Sincerely yours,
S.GURUSAMYNATHAN
From India, Coimbatore
If u r having a certified standing orders,then absconding will be a misconduct of unauthorised absence and u may have to take discplinary action to terminate his service by giving an oppurtunity of hearing.If you are not covered under Standing Orders Act and not having a standing order then you may go for termination under clauses of the appointment order/service rules ,if any.In any case there is no harm in releasing the relieving order if he has paid your dues.Even in case of termination ther is no harm in issuing relieving order citing the reason for termination.A relieving order is always safe as the severence of relationship gets communicated limiting company's liability.It is a very important communication internally also to all your branches and departments so that no connected person would transact with an employee who has ceased to be in the company.
Sincerely yours,
S.GURUSAMYNATHAN
From India, Coimbatore
Dear Mr.Renjith
If a person not reporting for duty without any valid reason after serving notice to him, first notice only to call and report for duty. second notice if the employee not reported he will have to face the administrative / disciplinary action for not reporting in time for duties. If he does not turn for duty then, the company is not having any other option except removing him from his services. hence the third and final notice stating that the existing conditions are such that he will not resume his duties. So he can be called for collecting his experience certificate and full and final settlement from the company.
Please note that no employee should feel harassed at the time of Full and final settlement. They must go with some sweet memories. If you really want to show your power you must show the same to the existing employees and not to any ex-employees or prospects.
With warm regards
S. Bhaskar
9099024667
From India, Kumbakonam
If a person not reporting for duty without any valid reason after serving notice to him, first notice only to call and report for duty. second notice if the employee not reported he will have to face the administrative / disciplinary action for not reporting in time for duties. If he does not turn for duty then, the company is not having any other option except removing him from his services. hence the third and final notice stating that the existing conditions are such that he will not resume his duties. So he can be called for collecting his experience certificate and full and final settlement from the company.
Please note that no employee should feel harassed at the time of Full and final settlement. They must go with some sweet memories. If you really want to show your power you must show the same to the existing employees and not to any ex-employees or prospects.
With warm regards
S. Bhaskar
9099024667
From India, Kumbakonam
Hi friends,
Thanks to all for their valuable contribution. What I understand from all the discussion is given below in nut shell.
Company should follow all the due procedure in case of absconding and must provide reasonable opportunity and notice to employee. If then also employee do not revert or avoid company then company should issue exit letter to him.
Now, if company ask for recovery of notice period and employee clear it’s then company should give reliving letter to employee.
If company don’t want to issue reliving letter to employee then in first place company should not ask for notice period.
Please correct me if I am wrong
White Eagle
From India, Hyderabad
Thanks to all for their valuable contribution. What I understand from all the discussion is given below in nut shell.
Company should follow all the due procedure in case of absconding and must provide reasonable opportunity and notice to employee. If then also employee do not revert or avoid company then company should issue exit letter to him.
Now, if company ask for recovery of notice period and employee clear it’s then company should give reliving letter to employee.
If company don’t want to issue reliving letter to employee then in first place company should not ask for notice period.
Please correct me if I am wrong
White Eagle
From India, Hyderabad
Very interesting discussion, though I am joining it late.
Discussion has raised many questions and doubts in my mind and these doubts are not addressed satisfactorily, so far:
From India, Pune
Discussion has raised many questions and doubts in my mind and these doubts are not addressed satisfactorily, so far:
- Employee is terminated, he has not resigned, how employer can ask for Notice Pay from employee ??
- Is it mandatory on part of employer to give notice pay to terminated employee, who is terminated on the grounds of Misconduct ??Once Termination Letter is issued, what is a need of issuing another Relieving Letter ?? I believe Relieving is automatic with Termination ??
- If at all Relieving Letter is to be issued, can we not mention, reason for separation as 'Termination due to unauthorized absence' in Relieving Letter.
- Terminated Employee may also demand Service Certificate and again should we not mention reason for separation as 'Termination due to unauthorized absence'
From India, Pune
Hi VK,
You have raised very valid and vital questions. Probably your queries would be satisfied by the following clarifications:
1) In case of termination in the unauthorized absence, as a misconduct, there arises no question in asking for a notice pay by the management. The question of notice pay arises only when the employee desires to resign voluntarily or the management on its own desires to terminate his/her services. Here it is a case of termination as a matter of punishment.
2) As discussded in (1) above, since termination in this case will not be voluntary on the part of the management, but being on account of misconduct on the part of the employee, no notice pay becomes due to be paid or any relieving letter becomes due to be issued to the employee on the part of the employer. Relieving letter becomes due on retirement or on resignation by the employee.
3) The termination letter, itself, contains the reason for termination on account of misconduct along with justification for that action, so that itself would become a termination cum relieving letter for the employee.
4) Irrespective of termination on whatever reason, the employee has the right to ask for the service certificate, as he/she has rendered service to the organization. There is no reason for not issuing a certificate of service, if demanded by the employee. The management, however, can make a mention in that certificate the reason for termination of service of the employee.
PS Dhingra
Management & Vigilance Consultant
Dhingra Group of Consultants
New Delhi
09968076381
[dcgroup1962@gmail.com]
From India, Delhi
You have raised very valid and vital questions. Probably your queries would be satisfied by the following clarifications:
1) In case of termination in the unauthorized absence, as a misconduct, there arises no question in asking for a notice pay by the management. The question of notice pay arises only when the employee desires to resign voluntarily or the management on its own desires to terminate his/her services. Here it is a case of termination as a matter of punishment.
2) As discussded in (1) above, since termination in this case will not be voluntary on the part of the management, but being on account of misconduct on the part of the employee, no notice pay becomes due to be paid or any relieving letter becomes due to be issued to the employee on the part of the employer. Relieving letter becomes due on retirement or on resignation by the employee.
3) The termination letter, itself, contains the reason for termination on account of misconduct along with justification for that action, so that itself would become a termination cum relieving letter for the employee.
4) Irrespective of termination on whatever reason, the employee has the right to ask for the service certificate, as he/she has rendered service to the organization. There is no reason for not issuing a certificate of service, if demanded by the employee. The management, however, can make a mention in that certificate the reason for termination of service of the employee.
PS Dhingra
Management & Vigilance Consultant
Dhingra Group of Consultants
New Delhi
09968076381
[dcgroup1962@gmail.com]
From India, Delhi
Thank you Mr. Bhanot and Mr. Dhingra. I was feeling apprehensive to raise a question after going thru discussion in the thread. Now I am feeling relieved. Very surprisingly most of the views expressed earlier, in a such a long discussion are contrary to the views expressed by Mr. Dhingra.
I request all those having contrary views to Mr. Dhingra to further discuss and comment.
From India, Pune
I request all those having contrary views to Mr. Dhingra to further discuss and comment.
From India, Pune
Dear All
I have a different opinion. Here in this case the company has already terminated the services of the employee( unilaterally ) and thus demanding payment in lieu of notice period post termination doesn't make a valid demand.
Why the employee should insist on relieving letter? How it is going to help him in getting employment in future ? Will the company write " Resigned on his own accord " instead of "Terminated on account of being absent unauthorizedly " as the reason for termination in the relieving letter if the notice period payment is made ?
However in this case the employee has made the payment as demanded by the company. Under the circumstances his relieving letter can not be withheld. I find it a fit case to be contested legally.
Jai
From India
I have a different opinion. Here in this case the company has already terminated the services of the employee( unilaterally ) and thus demanding payment in lieu of notice period post termination doesn't make a valid demand.
Why the employee should insist on relieving letter? How it is going to help him in getting employment in future ? Will the company write " Resigned on his own accord " instead of "Terminated on account of being absent unauthorizedly " as the reason for termination in the relieving letter if the notice period payment is made ?
However in this case the employee has made the payment as demanded by the company. Under the circumstances his relieving letter can not be withheld. I find it a fit case to be contested legally.
Jai
From India
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