Umakanthan53
Labour Law & Hr Consultant
Psdhingra
Legal Analyst, Hrm
Adoni Suguresh
Sr.executive (per & Adm)
+6 Others

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 .?
13th January 2016 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.
13th January 2016 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.
13th January 2016 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
13th January 2016 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.
13th January 2016 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.
13th January 2016 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.
14th January 2016 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.
15th January 2016 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.
27th January 2016 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
1st February 2016 From India, Bidar
Dear Seniors,
One of our employee absent more than 10 days without any intimation to superior , we have sent a letter to his permanent address, but no reply, then the employer can hold the salary and one more thing if that employee come back after 30 days then he is entitled to pending salary.
Thanks
Cp Singh
1st February 2016 From India, Noida
Dear APARNA,
Straight termination of employment on the ground of unauthorised absence or absconding, without holding a domestic enquiry or affording a reasonable opportunity to the delinquent employee tantamounts to retrechment, even though it is thus provided in the appointment orders or service regulations of the establishment. Any retrenchment thus effected without complying with the provisions of Sec.25F of the Industrial Disputes Act,1947 is illegal. At the same time termination on disciplinary grounds is not retrenchment. Therefore, unauthorized absence or absconding is a misconduct which can be punished only after following the procedural disciplinary action. Pl. refer the judgment of the Supreme Court in DCM Ltd., v Shambunath Mukharjee (1978.LLJ) for further details.
1st February 2016 From India, Salem
At first, send the absenting employee a show cause notice to be replied within a specific period. Also make sure, if he is not seriously ill or have not met with any accident. However, if the management on his reply is not satisfied, take disciplinary action as per the provisions of CSO, if any exists, otherwise, terminate him after giving cogent reason for termination.
3rd February 2016 From India, Delhi
If one company senior terminate a staff on the monday morning without giving any notice period. Then what about his salary for next month. now he asking salary through mail to HR dept. what will hr can do?
After 10 days his senior send the staff RESIGNATION & no due letter.
24th January 2018 From India, undefined
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