Is Company Terminate Or Not? - CiteHR
Madhu.T.K
Industrial Relations And Labour Laws
Arunmjadhav
Assistant Manager-hrd
Doondi Reddy
Works For A Pvt Ltd Company
Dikshit.tgs
Human Resources Professional
Fabcityhr
Hr & Ir
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
SAIBHAKTA
Retired From Air India
Snsitaram
Agm (p&a)
Lenikutt53
Ir/hr/law
+4 Others

Cite.Co is a repository of information created by your industry peers and experienced seniors sharing their experience and insights.
Join Us and help by adding your inputs. Contributions From Other Members Follow Below...
KAMALDEEP PORIYA said : If any Employee Take PL for 7 Days. But After 7 Days He did not join duty till next 10 Days and send a email to his Deptt. manger,HR Maneger that he has some problem at home & not join duty for next 10 Days. After 10 Days he write again same mail. As a HR Manager what we should Take action against him.
Plz reply.
Community Prime Sponsors
FactoHR.com - Payroll Software with GPS Enabled Attendance, Travel, Performance Management, HRMS.
Talentedge.com "Interactive Anywhere Learning". Executive courses from top reputed institutes like IIM, XLRI, MICA.
Hi Kamaldeep Poriya,
As per my understanding to your situation, one of your employee availed 7 days of PL and extended the same to another 10 days. Now the same is repeating again and for this reason, you want to take an action against him?
Correct me if I am wrong...
According to the above scenario, yes, you can go ahead and terminate his employment. However, ensure you have all the necessary evidences in place.
As per the recent judgement of Delhi High Court (as per Mr. Keshav's post regarding the same https://www.citehr.com/450449-judgme...ry-2013-a.html) “Unauthorized overstay for a long period would justify dismissal”.
You can refer to the above link for further information on labor judgments.
As far as possible, send letter to his residential address intimating that his request for extension of leave can not be granted due to business exigencies and asking him to report to office within 3/7 days of the communication. If he doe s not come, send another letter asking him to show cause why action including termination of employment should not be taken against him. Here also give him reasonable time to resume work. If he does not return or respond to the letter, then only terminate him and send the communication of his termination. Courts have said that termination on the grounds of absconding or absenting without intimation without following the above procedure, ie, granting reasonable time to join and granting him reasonable opportunities to show cause, are illegal.

The case qouted by Dikshit seems to be the one by Delhi High Court in Amarjeet Singh Vs Management of National Thermal Power Corp. Ltd (2013 LLR 121). In this case the Thermal Power Corp. had undergone the above procedure before awarding termination to the employee, Amarjeet Singh, who had absented himself for 219 days out of 365 days and had not disputed his absence when ever the company called him to show cause for his absence. Moreover, he had been a habitual absentee and a series of notices were issued to him. From 1992 to 1999 he had taken 1555 days of leaves without approval!

Regards,

Madhu.T.K
In your case the employee is not absconding. He is communicating with you. so go step by step like sending notices asking him to be present within 48 hours etc. go step by step than take action.
Arun J.
Make it clear in the first instance, is it worker or officer?Whether yours is a factory or office, do you have any standing orders or leave policy or terms and conditions of leave etc. in your appointment letter.
Because these things will provide guidelines for proposed actions. Follow those guidelines and in the absence of the same you may issue letter rejecting extension of leave and report for duty immediately.
You may initiate action based on response.
Dear Friend,

I do agree with Mr. Madhu. Straight away you cannot terminate any employee for extendign the leave.

Send call letters to him asking him to report for duty immediately on receipt of your letter. Refer the terms of the appointment letter. Follow the legal procedure. In our case, we went upto Apex Court to defend our action.

The concerned workmen remained absent for more than 6 months(extending leave on few occasion though we refused the leave). After publication in news paper about the disciplinary procedures, domestic enquiry (ex-parte), 2nd show cause notice informing about the proposed punishment, termination order etc., he raised the dispute before the labour court. The labour court modified the order U/s. 11-A. The high court of Karnataka also not to intervene in the orders of the labour court. We approached the Appex court, and placed all the records and convinced the Hon'ble court and the court coverted it into termination simplicitor.

Your action should be in line with the Quantum of Punishment should be proportionate to Quantum of misconduct.

Pl. follow all the procedures giving him the oppotunity to defend his case and then take necessary action.

Mr. Madhu is very vividly and lucidly explained all the facts of the case. I need not to repeat it again.

G.K.Manjunath

Sr. Manager-HR
Most of such cases will happen when he got another job in hand and your organization was not strong in implementing laws.
No option of termination him.
if can submit proof of tragedy happen then some companies will consider as leave but not all. ESP if the employee is into sales/Business development.
Dear Friend,
I too agree with Madhu's note.
We cannot terminate any employee unless opportunity is given to defend himself/herself.
Principles of natural justice if overlooked will make the termination void ab initio.
So to start with give notice to him denying him that his request cannot be considered on grant of extension of leave sought for and then proceed accordingly.
It is advised that to conduct a departmental enquiry (exparte if employee does not turn up for enquiry) and posting copy of enquiry proceedings and enquiry report to the concerned employee before initiating the action to terminate.
Best Regards
Haragopal
GM-HR
Solar Semiconductor Pvt Ltd.
Hyderabad
Hello Kamaldeep Poriya,
I am totally with Madhu & Dikshit on the options open to you as HR.
However, BEFORE going ahead with the process of creating the documentation base for Termination, did you INQUIRE--either directly or discretely--reg the EXACT reason(s) for this employee's absence? I am NOT referring to what he mentioned in his emails....hope you get my point.
If, like Doondi reddy mentioned, this employee joined elsewhere & is only trying to extend his absence thru emails, there seems to be something else to the whole situation. Maybe some of his colleagues know the REAL reason(s)?
You haven't mentioned IF your company is a Private Company or a PSU--such situations do occur in PSUs [with the employee trying to keep the PSU job 'warm' while he/she explores other opportunities].
Suggest get the GROUND REALITIES first before going ahead for the Termination Process.
Rgds,
TS
I am at one with Mr Madhu and Mr Manjunath but one question comes to my mind.Does the employee have any accumulated leave to his credit ? If yes then as Mr Taj Sateesh says if the resons he is giving for extension of leave are genuine and beyond his control (say severe illness) then will it be justified to terminate him ? If he goes to court then shall the court accept your action of termination ? Think about this before deciding !
S.K.LIMAYE
MBA(HRM)

This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2019 Cite.Co™