Dear All,
Please let us know the proceedures to terminate an employee who leaves the office/site without information for several days. Is it possible to terminate immediately without giving notice if he absconds from the site/office ? If yes - Then please let us know the proceedure. If no - then why , Please explain?
Pramod Kumar
From India, New Delhi
2Please let us know the proceedures to terminate an employee who leaves the office/site without information for several days. Is it possible to terminate immediately without giving notice if he absconds from the site/office ? If yes - Then please let us know the proceedure. If no - then why , Please explain?
Pramod Kumar
From India, New Delhi
Dear Pramod Kumar,
Process of handling indiscipline of the employee has been discussed on this forum many times. You could have searched this forum.
It appears to be case of abandonment of employment. However, before termination, send notice to the last known address of the employee. If the employee does not respond, send second notice. If still employee does not respond then order domestic enquiry. If employee fails to depose before the enquiry then you may terminate the employee.
The process of removal of employee may appear not just long but interminable too. But it is foolproof and should employee challenge his termination in the court of law, you will have sufficient evidence to show that you have followed principles of natural justice.
Thanks,
Dinesh Divekar
From India, Bangalore
Process of handling indiscipline of the employee has been discussed on this forum many times. You could have searched this forum.
It appears to be case of abandonment of employment. However, before termination, send notice to the last known address of the employee. If the employee does not respond, send second notice. If still employee does not respond then order domestic enquiry. If employee fails to depose before the enquiry then you may terminate the employee.
The process of removal of employee may appear not just long but interminable too. But it is foolproof and should employee challenge his termination in the court of law, you will have sufficient evidence to show that you have followed principles of natural justice.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Pramod Kumar,
I wonder, if yourself, being a senior manager with 30 years of experience in diversified fields of administration/ IR/ HR/ ER, etc. and specifically in statutory compliances, is not aware of the procedure and the requirements of the statutory compliances for termination of an employee!!
In your post, dated 21st October 2009 at the following link, you stated, “I am working as a Sr. manager (Admin) and I have 24 Yrs of Experiance in Diversified field of administration/ IR/HR/ER/ liaisoning/ Security & statutory compliances etc.”
Would you like to state, what happened now to that of your long experience of 24+6 years till now? Have you earned experience only in hire & fire without following the due procedures for the last about 30 years that too without giving even a single chance to the employee to defend his position or to explain how and why that happened? Why you are in such a hurry to fire him?
Suppose he has been lying in the ICU of a hospital after some serious accident, would you prefer to simply terminate him without going through the background of his absence, what to say of trying to know about his welfare?
From India, Delhi
I wonder, if yourself, being a senior manager with 30 years of experience in diversified fields of administration/ IR/ HR/ ER, etc. and specifically in statutory compliances, is not aware of the procedure and the requirements of the statutory compliances for termination of an employee!!
In your post, dated 21st October 2009 at the following link, you stated, “I am working as a Sr. manager (Admin) and I have 24 Yrs of Experiance in Diversified field of administration/ IR/HR/ER/ liaisoning/ Security & statutory compliances etc.”
Would you like to state, what happened now to that of your long experience of 24+6 years till now? Have you earned experience only in hire & fire without following the due procedures for the last about 30 years that too without giving even a single chance to the employee to defend his position or to explain how and why that happened? Why you are in such a hurry to fire him?
Suppose he has been lying in the ICU of a hospital after some serious accident, would you prefer to simply terminate him without going through the background of his absence, what to say of trying to know about his welfare?
From India, Delhi
True, termination is fraught with implications of livelihood for the employee and shall not be resorted to in hurry without making adequate efforts to know that the employee has no intention of continuing job with you. Such conclusion cannot be arrived at in hurry and unilaterally.
B.Saikumar
HR & Labour relations Advisor
From India, Mumbai
B.Saikumar
HR & Labour relations Advisor
From India, Mumbai
I agree with the comments of Shri Dhingra.
An experienced HR professional will not ask this query.
Termination of an employee is a serious matter and should be done after following laws of natural justice.
Here natural justice would be served by giving notice,holding enquiry and then thoughtfully taking action.
No hurried firing and then facing the music from a court of law which may set aside the act of termination.
From India, Pune
An experienced HR professional will not ask this query.
Termination of an employee is a serious matter and should be done after following laws of natural justice.
Here natural justice would be served by giving notice,holding enquiry and then thoughtfully taking action.
No hurried firing and then facing the music from a court of law which may set aside the act of termination.
From India, Pune
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Termination of employees.pdf