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Can we terminate the employee who is taking number of sick leaves in Probation period and did\'nt even submitting the medical docs and Not Picking Up the calls and not replying to the mails.
And warning mail is also given to him regarding the same.
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Thank you for the reply Amit
But according to the appointment letter it is mentioned that " we can terminate the services either by givng 30 days salary to or notice".
Want to know can we start his Notice period By mailing him as he is on sick leave.
Or cant we terminate him on the basis of not being in contact or giving any reply to our warning mails.
sent the mail to inform notice period is atarted if he want to back on job then replied mail or contact in company and issued relevent document so that company will consider it .
While concurring with Mr.Amit with regard to precaustions to be taken before deciding to terminate the sevices of an employee, I may add that if the appointment letter stipulates a notice period or payment of salary in lieu there of even during probation, the company ha sto comply with it. Further, summary termination even as per standing orders or as per appointment letter is fraught with the risk of being subjected to juducial scrutiny by the courts who may setaside such terminations if they find them to be punitive. Therefore, it is better to conduct enquiry for unauthorised absence of the employee, if the employee has not been sanctioned leave for the said period and take an appropriate decison on the basis of findings of enquiry.
B.Saikumar
HR & Labour Law advisor
Mumbai
Thank you for everyone's Support.....

I would like to add more information regarding the issue and want advise on the same.

My Boss has given him the termination mail as he did'nt replied to any of our warning mails and phone calls....so yesterday evening we have got the mail from his side coping Labour court and and US NGO ....Saying That we didnt tried to follow up with him and he didnt get any mail from our side ...and saying he has some network problem in cell so cant be reachable on cell...though we even called his wife and ask her husband to contact us its urgent but we didnt got any call from his side and after that his wife also stopped taking our call.

In that mail he mentioned his another number on which he can be reachable ...saying to the labour court i am ready to coo-prate and if company wants I can be reachable on this number but when we called him ...his brother took the call and said he cant come on call he is not well...we dint got any mail from your side yet...(Just want to ask them they didnt got any warning mail but got termination mail only ..how??)

Then we again forwarded all the previous mails as proof to him and ask him to check and reply...and send his medical docs within two days....But still no reply from his side....What to do now???

With Regards

Smriti

HR Manager
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