Umakanthan53
Labour Law & Hr Consultant
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Finance Manager
Psdhingra
Legal Analyst, Hrm
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Hi All,
I am working as an HR in a Automation company. One of our employee absent more than 10 days without any intimation to superior so ,that our company management said me that to send him termination email. is it right as per labour law .?

From India, Aurangabad
Dear,
I think you have standing order in your company which must be authorized by company's competent person & Labour office. Please read that carefully what punishment have been explained for an employee if he/she is absence from duty without information. Please cross check appointment letter as well.

From United Arab Emirates, Dubai
Send a Letter to the employee at his/her permanent address with Regd AD, stating that you are availing unauthorized leave since last 10 days, please report on duty within 3 days from the receipt of this letter with explanation for availing unauthorized leave, failure to do so it will be assumed that you are no more interested in the job and is absconding and will be terminated on account of absconding.
From India, Ahmadabad
Dear Seniors
I have an query in my organistion there is no culture to give appointment letter and there are more than 100 employees working but the model standing order applies. I want to know if anybody resigns then can we deduct one month salary of the employee in lieu of notice as there is no appointment letter given.
Regards
Dinesh Kumar

From India, New Delhi
Dear Dinesh,
If your would like to implement something you need to have a procedure for the same and that should be in written.
Keep in mind both party (Employee & Employer) have equal opportunity in terms & condition of appointment & so on.
P.S. Dear Saji through this absconding letter we can assume resignation of employee but there must be condition of temporary & permanent employee. Need to follow the standing order and company policy.

From United Arab Emirates, Dubai
Hi Aparna,
Yes! If the respective employee has a same employment history of continuous absenteeism with/without intimation. Also, if the reporting authority instructing you to send the termination letter, in that case, you can send it.
No, if the employee didn't informed about leaves for 10 days, then as per process first try calling him/her on provided contact numbers & secondly, via emails. Still, the employee didn't responded/responds within 2-3 days then we can to send a termination letter. For the same, you should have an official email from the respective Reporting Authority.
(Inviting Seniors to comment more as per their company's HR Policies.)
Thanks
Manoj Javir.

From India, Pune
One thing is certain you cannot just send a termination letter.
First check your standing orders.
Check the appointment order.
Contact the employee to find out if he is hospitalised or ill etc.
Principles of natural justice has to be followed by giving notice,chance to reply and then termination after considering reply and/or evidence produced which shows reason for absence.
Follow due procedure before termination.

From India, Pune
Dear Mr. Sandeep Sharma
Where in my thread I have written not to follow the Standing Order or company Policy, I have written to the member to send a letter of absconding with a threat that if he is not replying or not resuming, the employee will be terminated. Apart from that have not told to terminate the employee.

From India, Ahmadabad
In the first step termination order can not be issued under the rules. First of all the official may be called/remind to resume the duty within seven days positively and intimate the reason for his un authorize absence from duty failing which he may be remind at least three time.If he may fail to do so then he may be terminated immediately under the rules.
From Pakistan, Hāsal
Mr.Rao has given his opinion is very correctly. Termination of services on the grounds of unauthorized absence is not legal, proper, correct and against the principle of natural justice. As our learned members opined, to send a registered letter at the address when he has given at the time joining directing him to report for duty failing which disciplinary action will be initiated against him.If he respond to this OK otherwise follow the procedures for disciplinary action and before that a Show Cause notice and charge sheet to be issued and then conduct the enquiry. Wait for findings of the enquiry officer and issue the orders. Please see that at the time of enquiry, he should be permitted to defend him either personally, or through his colleagues or a office bearer of the union.
Adoni Suguresh
Labour Laws Consultant

From India, Bidar

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