Optimistguru
Hr Recruiter
Gafoor_shah
Asst Hr Manager
+3 Others

Thread Started by #kunalsajnani

Hello,
One of my employee had applied for 14 days of annual leave but he arrived after 18 days of his leave and he never informed us of his late arrival. We tried contacting him before his arrival but all the numbers that he provided us with were unreachable. After his arrival I had asked him to hand over his passport and hunt for new job and he left for his home telling me that he will get his passport but then he never came for 1 month and we tried calling on his mobile but his mobile was switched off. After 1 month he came to me and told me to cancel his visa.
Can I terminate him with absconding as he was not responsible enough to inform us before hand and this has affected my business. Secondly, will he be liable for the gratuity and air ticket? If yes, how should i calculate his gratuity (base salary or full pay)?
He has completed his 1 year of service with us and on 13th month applied for 14days annual leave. His monthly salary is AED 4500 (Basic AED 2000)
KS
22nd August 2012 From United Arab Emirates, Dubai
Hi,
yes you can terminate his service as per article 120, clause # 10 "absents himself from work without a valid reason for more than 20 nonsuccessive days in one single year, or for more than seven successive days"
22nd August 2012 From United Arab Emirates, Dubai
Hi KS,
The case lies under absconding.
If this employee is indian and is appointed in India, then as per the a[pointment letter, beyond certain leaves, it is a clear case of termination.
As per indian laws, Gratuity is payable only after completion of 5 years thus legally he cannot ask for gratuity. Also, Gratuity is always calculated @ 15 days basic + DA( dearness allowance, if you company pays this)
However, his salary suggests that he is not employed in India. If that is the case , you have to follow the law of the land where he was appointed.
Regards,
Neha
22nd August 2012 From India, New Delhi
Dear KS,
As told by Nasser, you can terminate him without notice under Article 120 clause #10 which says if a staff is absent for consecutive 7 days, you can terminate him. Also you can refer the below article regarding his End of Service benefits.
"as per Article 139 : A worker shall forfeit entitlement to his entire severance pay in any of the following If he is dismissed from service for any of the reasons specified in Article 120 hereof or if he abandons his employment in order to avoid being dismissed in
accordance with that Article."
It would be better to terminate,cancel without absconding and sending him out of country on company's ticket to avoid later confusions. Also, gratuity is based on basic salary only. Since he has completed one year only he will be eligible for 7 days of basic salary (1/3rd of total gratuity).
Best Regards,
Guru
26th August 2012 From United Arab Emirates, Dubai
ks
Termination under article 120 of uae labor law is the right option .
As per article 120 the employee will not be eligible for any severance pay; that means the person will not be entitled for any gratuity.
you can pay him his leave balance that is accrued.
27th August 2012 From United Arab Emirates, Abu Dhabi
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