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itzarsh
3

Dear Sir,
I want to terminate some employee from the company who is absent since 2 month without any notice. My Manager told me to send termination later without any warning or showcause later. Please give me any format.

From India
industrialhr
2

Hi Itzarsh,
Please note we can not sent the termination letter to any employee directly without sending nay warning for the continuous absent.
In case we send the termination letter as first communication between employers & employee regading his continuous basent, in such case employee will not be given suitable opportunity to be heard.
As y6ou told that the employee is absent from last 2 months i should already have sent 3 letters so far.
Finally i will advise you to please kindly go through your company certified standing order.

From India, Mumbai
boss2966
1168

Dear Itzarsh
As said by Mr. Dhillon, you cannot issue termination letter to the employee.
First send him a letter stating that evenafter repeated telephone calls from company you have not returned from leave and joined duty. On receipt of the letter you must report for duties within 5 working days. After 10 days time you can send one more letter stating that Even after repeated telephone calls and letter you have not joined for duty or even you have not responded. It seems that you are not interested to work with this organisation. Hence you can come and collect your F&F Settlement after completing your clearance formalities.

From India, Kumbakonam
itzarsh
3

can i use this start in warning later? or make some changes in it.
Please be noted that you have been absconding from duties since 19th July, 2011 without any formal information.
As per the management policy you were expected to inform the management about your whereabouts in all circumstances.

From India
boss2966
1168

Dear Itzarsh

you can start like that

Dear Mr. ________

You went on Leave from _____ to _______ (total ____ days) and have not resumed your duties from _____ date on completion of leave absenting yourself unauthorisedly for more than 2 months. The management viewed it seriously as you did not inform the same to authorities about your absence. Even you have not attended the calls made by your incharges, HR Department.

You are hereby instructed to resume your duties within 5 (if it is local then 2 days) working days on receipt of this letter.

Yours faithfully

For __________ Ltd


Then Second letter

It is noted with great concern that you do not have any interest on resuming duties.

Hence you are requested to come and do the clearance formalities and collect your Full and Final Settlement dues from the company on or after ______ date from 14:30 hrs to 17:00 Hrs on any working day.

Yours faithfully

Here you should not mention that you have terminated him from service. If an individual becomes Long Absent and Resignation then he is not entitled for Notice Pay and Retrenchment Compensation. But if you terminate then you have to pay all the terminal benefits (i.e., Notice Pay, Retrenchment Compensation, Gratuity, Leave Pay).

Hope your doubts are cleared.

All the best


From India, Kumbakonam
itzarsh
3

But sir when he did not aplied for leave and absent without any formal information. in that case how to make changes in this format. Please reply. thank for your previous reply.
From India
boss2966
1168

Dear Itzarsh
you can start like that
Dear Mr. ________
You are absconded yourself without any information to your section incharge or HR Department from ______ and hence absenting yourself unauthorisedly for more than 2 months. The management viewed it seriously as you did not inform the same to authorities about your desertion. Even you have not attended the calls made by your incharges and HR Department.

From India, Kumbakonam
itzarsh
3

Sir I am compelled to write a direct termination later to employee for his absence. I didnt send any warning later to him. so what should i do. i cant be disobidient to my unit head. kindly tell me how to write later without mentioning about warning later etc..
From India
itzarsh
3

our format is this..
Dear ......
You have been absconding your duties since 27.10.2010 without any formal information either in words or in letters.
At our end we tried to establish contact by sending formal letters as given below:
Show Cause Letters Date:
I) 16th Dec,2010
In absence of any formal reply or information it’s assumed that you are no more interested in continuing your services with our organization. Therefore your employment from our organization is terminated with immediate effect. In order to get formal clearance you are requested to contact HRM deptt. immediately.

From India
boss2966
1168

Nowadays even if the employee approach the court, he cannot justify his desertion. But we also must adopt some set rules against the erring employees.
If you bypass the rules, the offender will become hero and you will be seen as a villain. So never give such chance to talk. You can make some letter in previous date and paste 5 rupees stamp in a piece of paper write his address in the paper and get it acknowledged from the post office. So that you can prove that you have sent some communication by Certificate of Posting letter. If you manage the sorting clerk in the nearer post office, he will get you the stamp on old date on the paper.
Now you can issue termination letter after preparing the document to safeguard you.
I am enclosing a file which consists the judgement details of some cases which has been taken from https://www.citehr.com/327298-changi...bour-laws.html thread.
All the best

From India, Kumbakonam
Attached Files (Download Requires Membership)
File Type: xls Judgement - favour to management(1).xls (32.0 KB, 434 views)

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