Industrial Relations And Labour Laws
For your ready reference I am attaching a PPt on the general procedures to be followed while conducting a disciplinary action.
3rd June 2008 From India, Kannur
I agree with what Madhu has said. If it is absence with out prior approval and information,We in our organisation used to send a letter first asking to explain the absence and then if we dont get any reply within 15 days can send a termination note.
3rd June 2008 From Singapore
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
6th June 2008 From India, 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
11th December 2009 From India, Pune
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13th December 2009 From United Arab Emirates, Abu Dhabi