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Dear Professionals,
Please advise that two employees who were terminated immediately due to frequent absence and poor performance. They both were on one year contract with hospital which is renewed every year. Both were confirmed employees (Confirmed we call those who successfully go through probationary period of three months). One of them have seven years service but several warnings and verbal intimations have been issued to him. Other one has also poor attendance record as well. Pleas advise about the notice pay, are they entitled for notice pay? don't they come under misconduct that deprives them from notice pay?
We have a hospital policy that if employee is terminated on misconduct, he will not avail notice pay.
Abdul Basit

From Pakistan
Hi Buddy,
You cannot terminate the employees under misconduct/disciplinary ground without conducting proper domestic enquiry, hence you have to conduct domestic enquiry where you should prove the allegation before the enquiry officer and than terminate them.
Under Industrial Dispute Act, Retrenchment notice period is not applicable to those employees terminating under misconduct ground.
With Regards
Mr.Thumbs Up

From India, Chennai
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