I am the HR for a start up company. Our policy is that if an employee in probation period is absent for 3 days or more without informing management, then it grounds for termination. This has been communicated to the employees as well. Please let me know if this is legally feasible to do so without any further notice to the employee.
From India, Maisuru
2From India, Maisuru
Dear Megha Is it clearly mentioned in the appointment letter? If it is mentioned then you can terminate them at the same time you should communicate the same to the employee by mail/registered post.
From India, Bangalore
From India, Bangalore
Hi ,
Please refer the standing orders of your company.
If the standing orders are certified and it contains the clause
which you mentioned then you can terminate the employee.
But at the same time you should have justifiable evidences of the same.
ie : he is on probation + he did not inform management before taking leave.
Actually you should warn him once/twice through letter stating the clause
even still then if there is No change then by giving the reference of the
letters issued you can take action.
Hope this of some help to you .
Regards
Rajeev Dixit
From India, Bangalore
Please refer the standing orders of your company.
If the standing orders are certified and it contains the clause
which you mentioned then you can terminate the employee.
But at the same time you should have justifiable evidences of the same.
ie : he is on probation + he did not inform management before taking leave.
Actually you should warn him once/twice through letter stating the clause
even still then if there is No change then by giving the reference of the
letters issued you can take action.
Hope this of some help to you .
Regards
Rajeev Dixit
From India, Bangalore
If the employee falls under workman category, you may be courting trouble by enacting such a provision for a summary termination of servcie for just three days absence. B.Saikumar
From India, Mumbai
From India, Mumbai
Dear all,
Thank you for the help !!! It is of great use to me.
However it is not mentioned in the offer letter regarding termination.
Since it is for a domestic BPO Im working for, can I draft a policy regarding the same, have all employees read & sign it ?
Then I can initiate termination procedures if they are absent for more than 3 days.
We are having a lot of issues with attrition & we are thining of implementing stringent measures to cut down such leaves.
Please let me know your thoughts regarding the same.
Thank you,
Megha
From India, Maisuru
Thank you for the help !!! It is of great use to me.
However it is not mentioned in the offer letter regarding termination.
Since it is for a domestic BPO Im working for, can I draft a policy regarding the same, have all employees read & sign it ?
Then I can initiate termination procedures if they are absent for more than 3 days.
We are having a lot of issues with attrition & we are thining of implementing stringent measures to cut down such leaves.
Please let me know your thoughts regarding the same.
Thank you,
Megha
From India, Maisuru
Instead of sending termination, why cant you send a show cause notice to report to duty within 72 hours/3 working days from the receipt of the notice or the employer will be forced to take strict action upto termination.
Even after show cause notice if they are not reporting you can take action i.e. termination since you have already intimated to the concerned employee
From India, Ahmadabad
Even after show cause notice if they are not reporting you can take action i.e. termination since you have already intimated to the concerned employee
From India, Ahmadabad
Megha good day, I am also from Mysore
If your company has well defined service conditions for the probationers and permanent employees, and such conditions are explained in the appointment order and the employee has given an undertaking, for having accepted such conditions, you can proceed with as per law.
But you should think that remedy do exist to the Probationer also. If he approaches Civil court for remedy, definitely, Court admits his case as a matter of sympathy.Because he has not violated any law of the land,he has not caused any loss or damage to your company or to the society. It will definitely advises the Management to give him an opportunity to defend himself against the proposed action. Under this circumstance, Management is bound to act accordingly.
Therefore Management can serve a warning notice duly reminding him about the conditions of appointment and terminate him if he repeats his act within the probationary period. This will help the probationer to retain his appointment and he will respect the Management and it will increases his morale.
I feel you may agree with my suggestions.
SPKR
18.9.13
From India, Bangalore
If your company has well defined service conditions for the probationers and permanent employees, and such conditions are explained in the appointment order and the employee has given an undertaking, for having accepted such conditions, you can proceed with as per law.
But you should think that remedy do exist to the Probationer also. If he approaches Civil court for remedy, definitely, Court admits his case as a matter of sympathy.Because he has not violated any law of the land,he has not caused any loss or damage to your company or to the society. It will definitely advises the Management to give him an opportunity to defend himself against the proposed action. Under this circumstance, Management is bound to act accordingly.
Therefore Management can serve a warning notice duly reminding him about the conditions of appointment and terminate him if he repeats his act within the probationary period. This will help the probationer to retain his appointment and he will respect the Management and it will increases his morale.
I feel you may agree with my suggestions.
SPKR
18.9.13
From India, Bangalore
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Termination-emp loyment_563.pdf
Termination letter.doc