I am working as an HR Manager at professional services firms in F&A domain.
One of our employee (Mr. ABC) working in a responsible position in the IT department did not report to work for 3 consecutive working days & was on unauthorized leave. He was not available on his contact number either. Later we asked one of our employees who stay near his house to pay a visit & see if all is fine at the employee’s end. This employee who visited his house informed us that Mr. ABC is not well.
The next day Mr. ABC gave us a call & informed that he was not able to come to work as he was not well & said that he would report to duty next day. He came to work next day but again took a half day & went home. He has not come to office after that & has neither informed anyone at company. We tried calling him but his cell is switched off.
We later through a trusted source got to know that Mr. ABC is not going to join back & is planning to abscond as he has some problems in his personal life. But he has not informed us yet about this decision.
We are now in a fix coz as Mr. ABC holds a very responsible position in the IT department & his absence from work is affecting the work. We would like to have replacement for him.
But I do understand that before we do this I need to have a voluntary resignation form Mr. ABC or we need to terminate his service. Can you please let me know from a legal perspective what should be the time interval between issuing a warning letter through a Registered AD/Under Certificate Posting to him & issuing a service termination letter?
I would like to have your suggestions with regards to a situation above.
For your ready reference I am attaching a PPt on the general procedures to be followed while conducting a disciplinary action.
To terminate employee for misconduct of unauthorized absence is very difficult in India. Of course departmental inquiry has to be conducted. But even then he can not be terminated by way of punishment for small period of absence. It is not legal. You can get resignation letter terminate services as per the clause in the appointment letter. Warning is also a kind of punishment which casts stigma necessitating inquiry. Just sending termination letter by post without enquiry is illegal.
Labour law consultant, Pune
One important point is missing here. As it appears Mr ABC is working on a responsible post he is probably in a Managerial cadre and therefore not governed by Labour laws. [He is not 'employee' as required by law]In that case no Departmental Enquiry is necessary and the punitive action against him can be taken in accordance with the terms and conditions of his appointment letter.
Sameer Paranjape, Labour Law Consultant, Pune
To be frank I have fully interest about this web site and seriously I got benefits and already am using some valuable information’s and docs that I have taken from team members
So waiting any other valuable dashboards and time management analysis
Why Vote? User validation is extremely important for good content to prosper.