Malikjs
Gm (hr)
Sivadasanvasu
Hr & Admn.
Sushilnavy76
Assistant Manager
+2 Others

Dear friends please help me out of this situation.
in my company there are few people who are absent since last 20 days without leave .
i have send warning letter to them and ask them to join immediately but no one has responded .
now i have to send termination to all of them .
now i wants to know weather company should pay them their salary of last month (they are not coming after completing 15 days of last month)
please guide me wheather company is liable to pay as per law ..or need not to pay ..whats the law say for this matter.
thanking you please.
Rajendra sharma
13th December 2008 From India, Jaipur
i think first of all u have to send absentism warning letter, if not repiled by the individuals then u have send reminder letter . and again u dont get responce by individuals then u have to send termination cum last chance to prove himself letter .
but please noted that difference of posted that letter is atleast 14 days.
and u mark him absent on register till termination date . means u r not liable to pay those days.
13th December 2008
dear
the termination which u have send to them is illegal.you cannot terminate some one services without giving them opportunity to explain .principle of natural justice has to be followed.even some one absent for 6 months than also he should be issued charge sheet ,proper domestic enquiry with principle of natural justice than only u can terminate their services.
you have to pay their salary for the days they have worked.
tks
j s malik
13th December 2008 From India, Delhi
Dear sharma,
Have they informed to their reporting authority or not? if not every organization has standing orders (industrial employment act 1965). Standing order says regarding issues of absentiseem, grivance handling, termination, leaves proceedure, workmen, trainee, employee. timings. based on the standing orders u have to follow. otherwise u have to follow according of your company policy. but u have given warning letter and u should have minimum 14 days gap. between another letter or termination letter. u cannot pay any amount as salaries.
sreehari
13th December 2008 From India, Pune
Dear Sir.mam, I want to know about:confused: P.F related form-12 along with all a/C -like A.C-10, A/C-2 A/C-22,A/C-21. With REgards sujit
13th December 2008 From India, Calcutta

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Hi Shri
Can you please share the law which says 14 days time period for terminating the employees. I have aobserved that this period is not fixed and ranges from 8 days to 21 days in most of the companies.
13th December 2008 From India
There is no need to make more payment to them than the days they have worked for. You have to pay only for the days they actually worked for. However, the termination should be as per the principles of natural justice as already mentioned by Mr.Malik.
Regards,
Sivadasan
15th December 2008 From India, Udaipur
Dear Rajendra,
Termination of employee is depend whether the employee is confirmed or still on the probation period. i guess your are working with retail organisation. As per Shop and establishment act 1948 (for bombay). if the employee is left in absconding you can terminate him/her with immediate effect after sending the reminders (If the employee is on probation perid) if the employee is getting back to you.
Salary is adjusted in f&f in case of absconding. (As we have to collectd ID, uniform etc from the employee)
Regards
veena
15th December 2008 From India, Mumbai
Dear Mr.V.Sounder Rajan and Friends ,

Kindly help me out in situation as-

I have a basic query and seek a guidance from you as one of my friend has
resigned telecom company with "Immediacte Effect " by giving official intimation vide
Mail to all concerned Reportg.Mgr.,HOD and meeting in personal.
My friend was confirmed Employee of that Organisation.
Now, after Full & Final Proceedings his telecom Employer HR is not willing to
provide him his Relieving Letter stating different reasons every time in followup
mails replied as =
a. Abandonment of employment
b. Improper Handover
c. Now even the HR is coldly stating him that he will Never get the Relieving Letter
that he was Absconding :confused:
As all this Reasons are proven fake by concrete reasons by my friend
to that HR already.
My friend has given all Clarification ahs Mail in Proof for Resignation to HR.
Also, the Said Notice Pay is already deducted from F&F amount.

Can you pls suggest how he can get his Relieving Letter from that HR ?
As he current Employer is now demanding the Relieving Letter from 3 months.

:icon1: Pradnya
15th December 2008 From India, Mumbai
Dear Pradnya Kasture,
Notice Pay deduction from the final settlement of accounts, does not mean that your friend has followed the proper procedure of exit formalities. He has only mailed the information. There is no mention about the acceptance of resignation NOR about handing over of responsibilities, and other company properties. The immediate effect can be decided only by the employer and not by the employee. The employee can only request. Hence, only the deduction of notice pay will not justify your friend's action. This is my opinion. The merit of the case cannot be decided unless the above things are known.
Regards,
Vasan
15th December 2008 From India, Mumbai
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