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I need to terminate an employee on the basis of misconduct and absenteeism from work without informing or prior approval. As per the appointment letter we are entitled to give him 1 month\'s salary if we terminate him. He is asking for 3 months salary. What is the right and legal way to go about this? Pls help!!
From India, Delhi
With this post it is understood that you've already given him written notice to join the duty !! ?? even after doing so he hasn't reverted or join the duties you can settle his account as per the clause mentioned in appointment letter.
Suggest wait for other members to comment on the legal aspects.
But in such a case it is advisable that you ask him to put up a resignation instead of terminating. Termination on such grounds can invite legal proceedings against the company. Or you can mention in writing that if s/he doesn't join by so & so date, it is presumed that s/he is not interested in continuing the job.

From India, Ahmedabad
Dear Simihanspal
Please give your querry in detail
1) whether the employee is under probation or confirmed
2) whether any warning letter on misconduct or absenteeism issued
3) what was the response
4) Whether it is first instance or it happens frequently
5) what is code of conduct policy in your company
6) whether the misconduct was severe
Please let the forum know the exact details so as to advise

From India, Ahmadabad
Dear Hiral,
Yes, he was informed of his absenteeism and he didn't resume work after that. We have also told him to join back by a specific date prior to which would entail termination. He is asking us to pay him 3 months salary instead of the one month which is mentioned in his letter.
Thanks!
Simi

From India, Delhi
Hi Saji,
To answer your queries:
1 - he is a confirmed employee
2 - he hasn't performed as per his targets and when confronted he gets very abusive with his manager
3 - warning letters have been issued and he was asked to leave if he didn't join back by a specified date
4 - code of conduct policy states that if the person remains absent without notifying his supervisor or without prior approvals his employment can be terminated as absconding
5 - misconduct has been regular if not severe
Regards
Simi

From India, Delhi
Looking to the points mentioned he can be terminated, as per the termination clause mentioned in the appointment letter. If it is 1 month just give him 1month salary as full and final settlement. Before hand get all the formalities done
From India, Ahmadabad
If the appointment letter states 1 month pay in lieu of termination, you can very well go by that but before that kindly ensure that you have a copy of letter duly signed by the employee (on every page if the appointment letter exceeds one page).
From India, Ahmedabad
Have you ever issued him a warning letter in this regard? If no, you must do that without wasting time.

In addition, what terms in this regard you are using in Appointment Letters?

Is that if any employee found with any misconduct or overrule the policy and conditions of employment cant be terminate before offering one month notice period or salary as the compensation? Im sure there was nothing stated like this in the appointment letter and your Policies in this regard.

First, you must read the copy of appointment letter that has been issued to him, use the terms and issue him a warning latter finally by stating the reason and if he still not respond or reply issue im Termination Letter without taking much time. Also your policies stated all the things that you have to consider and need to take action, therefore, I second the members above, would suggest you that any employee with this kind of act and attitude must not be allowed to stay more, but you have to your work in a professional conduct accordingly.

Although the reason for termination already communicated by you and he has shown, there is no need to go through a step-by-step analysis of the documentation supporting the reason for discharge.

From India, Gurgaon
Dear Simihanspal,

1. Due care and procedure should be adhered to while terminating an employee. Any short comings might lead to litigation and payment of heavy compensation. It is very much necessary that a Domestic Inquiry should be complied with in this case also. Generally, first timer absentee doesn't warrant a dismissal, this becomes grave when he becomes "habitual absentee" in which case it may be fitting to go for dismissal/termination. Therefore all procedural compliance should be taken care of during the inquiry. This is an adequate precaution only to avoid repercussions when the absentee comes back with a 'medical certificate' pleading not guilty. There are many instances where absented employee go overseas, work there and after months/years comes back with medical certificate and gets reinstated.

Better verify your Standing Order whether clauses are clear or not. Even there is none better you should go for Domestic Inquiry, suspension etc.route instead of fast track/short cut notice & termination.

2.The question of one/two month (s) salary in lieu of notice period would arise only when the Domestic Inquiry finds him guilty of charges framed and so on. If the terms and conditions say one month's notice or two months' notice go ahead accordingly.

kumar.s.

From India, Bangalore
Dear All,
when a staff member is going to sign a offer letter, the HR is responsible to know the exact or tentative date of joining, hence he did not resume to be in working environment and the word Termination your going to use in my point of view it might be different from dismissal, so when a staff member can be terminate since he join to work and best on the organization policy he will be evaluate, so you do not need to give him that one month salary as well, just tell him that you were suppose to join the organization in xxxx date according to your confirmation since you could not join sorry we give the opportunity for the second choice for this post.
please let me know if you have any question

From Singapore, Singapore

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