In case of termination, it should be as per the terns of contract along with the cheque in lieu of notice period. The termination letter should be simple ... in terms clause no... of terms and conditions of your contract dtd..................., your services are hereby terminated with immeidate effect. Please find enclosed cheque for Rs.....in lieu of notice period as per the terms of contract. You will hear from ...............dept., with regard to settlement of your terminal benefits and other dues if any due to the Company
If the employee is falling under definition of 'workmen', you need to follow the process of calling for explanation and if the employee does not admit the misconuct, conducting regular departmental enquiry, thereafter taking decision basing on the findings of the enquiry officer whether to terminate or retain him by giving punishment other than dismissal/termination.
From India, Madras
You can not issue termination letter alleging absentism unless you conduct departmental enquiry. It would be illegal. The period of absence also has to be very long if you want to impose punishment of termination. (it should be atleast 10 days continuous absence). Taking legal steps in such circumstances is a lengthy procedure. If you are unable to track him you have to send him notice on his last known address as per the Company's record by registered post.
Sameer Paranjape ,Advocate
( Labour Law Consultant ) Pune ,
Share knowledge ....... gain knowledge .......
From India, Pune
neha.sharma1802Thanks Mr.Sameer but its already more than 20days continuous absent after the same he came only for 15 min. and disappear without informing anyone from office premises and when we are calling him. he continuously ignoring our calls.
From India, Delhi
HR Hiral MehtaHi Neha,
I understand your frustration on such employees but as a HR you need to follow the principle of justice. Do we assume that you have followed all the necessary steps / actions required before termination. Your clarity on the same will fetch you answers next level.
I suggest following steps;
First send an intimation letter to join duties via email & RAD at his residence address (VERY NECESSARY)
After 7 days send a warning letter via email & RAD at his residence address with an intimation to revert else the company shall PRESUME THAT HE IS NOT INTERESTED IN CONTINUING JOB
After 7 days you can send a FINAL LETTER mentioning that his name has been struck from salary register and he no longer is considered an employee of the company. All terms & condition stand withdrawn. (Do not mention anything about F'n'F & NDC)
Remember it is ALWAYS advisable to give an opportunity to resign then terminate. Termination attracts lot of liability & obligation on the company; can even be challenged in court of law. But this step should make your process easy.
Assuming you've complied first 2 steps, you can proceed with the final.
From India, Ahmedabad
venkatraghavanmAbsenting on the joining day itself need not be treated as absenteeism. The joining itself can be treated as null and void. An employee who put in considerable period of service and whose sudden unauthorisesd frequent absence on various intermittent days or continuous absence affects the normal routine working alone can be treated as absenteeism.
From India, Selam
faizhayou can also terminate and base it on absconding services... mention the efforts failed to reach the concerned through the contact details noted down by him on his application form.
its a universal rule if anyone absconds service for more than 7 days without any type of communication the HR has all the right possible to assure the work's wellfare too and replace him.
It has been observed from your attendance records that you are absent frequently. You have neither submitted your leave application duly approved by HOD nor informed to undersigned, the reason of your continuous absence. Needless to mention, this is affecting your performance as well as obstructing the Organization.
Since you have neither replied nor intimated via any source it seems you are no longer interested to continue your services with (company name). The management has hereby decided to terminate your services with immediate effect.
You are hereby terminated & relieved from your services to this organization.
Your name is being struck off from the rolls of the company. You will handover the Company property and assets (if any) to (name of in-charge or dept) of the company.
From India, Coimbatore
Wish you a very happy new year/
before giving termination letter to any of the employee of the organisation you are supposed to understand industrial dispute act and employee standing order
Dr K V Singh
From India, New Delhi
MANJUNATH G.K.Dear Neha,
You cannot terminate a workman as you wish just for absenteeism. You have to follow all the formalities. If you have Standing Orders, you have to follow the formalities as per S.O. If you do not have S.O., you have to follow the clause of the Appointment Order. If the employee is in supervisory or managerial cadre and if the terms and conditions of the appointment say" the Management reserve the right to terminate your services with one month notice or one month's payment in lieu of notice without assigning any reasons", you can terminate such employees as it is as per the terms of appointment.
If he is workman and covered under 2(s) of the ID Act, you have to follow the following formalities:
1) Call letters - 1st, 2nd and final
2) Prepare a Show Cause Notice cum Charge sheet cll for an explanation for his/her absenteeism
3) After receit of the explanation, if it is not satisfied charge sheet him/her with an enquiry notice
4) Conduct an impartial enquiry providing all opportunity for the charge sheeted employee to defend his/her .
5) After receipt of the findings of the enquiry officer send a second show cause notice along with the findings and report of the enquiry officer.
6) After receipt of the representation or explanation from the charge sheeted employee for the second show cause notice, based on the past records and the gravity of the misconduct take appropriate action.
7) The courts can intervene under sec. 11(a) of the ID Act, if the quantum of punishment is not proportionate to the quantum of misconduct. The courts may order for reinstatement with back wages.
8) If the absenteeism if more than 150-180 days in a year and if it is habitual year on year, then you have very good case to dismiss such employees after complying with all the above cited formalities.
Termination of an employees is not an easy job. It attracts 25F of the ID Act also.
Pl. bear it is mind all these aspects before initiating any such actions.
From India, Bangalore
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