Hi... Just read the something about an employee absconding himself from the job after collecting his salary without notice and issuing him a warning letter of sorts in that case and mentioning the word termination in it and i was wondering that is it important to use the word "TERMINATION"? what i mean is that we have so many of such cases in our organization and we generally label them as absconding..and no recoveries are made in respect to the notice period...and there is a clause in our company's appointment letter that says"your services can be terminated either by yourself or by the employer....by serving a notice period of one month or by giving a months salary in lieu thereof..." so if i issue such a letter, then is it legal? [IMG]https://www.citehr.com/images/misc/progress.gif[/IMG]
From India, New Delhi
From India, New Delhi
The word 'termination'is needed because the letter you are suppose to send to the absconding employee is the one which puts an end to the contract of employment. By absenting himself without notice continuously for 7 or 10 days (as per your company policy) he has ceased to be in employment. Still, it is always better to bring it to his notice that he has been terminated. You can also call on him to pay damages in the form of notice pay and other costs like training cost incurred for him, though it is not practical for the employer to recover such costs from a left employee. If he turns out with notice pay, it is good; but if he does not mind it and if he is not bothered about the service certificate withheld by you for want of damages, then you will have to drop it. You cannot enforce a particular clause in an employment letter legally. Regars, Madhu.T.K
From India, Kannur
4193From India, Kannur
when the policies, organisational structure and promotional aspects, other benefits fit to an employee there is no case of absconding...yet, some cases did exist and these cases are half cocked better drop the cases for better prospect of the organisation rather than going behind them. In case, selected for a sensitive post in that case we must be more prudent and select the candidate with full care and full proof...
From India, Arcot
From India, Arcot
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Warning Letter in case of absence without information.zip
WARNING LETTER FOR ABSENCE.doc