Can someone tell me the instances where an employee vacation of post take place in an organization? This is basically where an employee endeavours to keep away from work or refuses or fails to report to work or duty without an acceptable excuse for a reasonably long period of time such conduct would necessarily be a ground which justifies the employer to consider the employee as having vacated service
From Sri Lanka,
From Sri Lanka,
Dear Kavin,
Is it the case of abandonment of employment? Since you have used the word "vacation", it has created a confusion.
If there is prolonged unauthorised absence of an employee then you may conduct domestic enquiry. In domestic enquiry if the misconduct of the employee is proved, then you may award him suitable punishment and it could be termination also.
Thanks,
Dinesh Divekar
From India, Bangalore
7855Is it the case of abandonment of employment? Since you have used the word "vacation", it has created a confusion.
If there is prolonged unauthorised absence of an employee then you may conduct domestic enquiry. In domestic enquiry if the misconduct of the employee is proved, then you may award him suitable punishment and it could be termination also.
Thanks,
Dinesh Divekar
From India, Bangalore
kavin1984 are you from India? Your location shows Sri Lanka. I am sure the law will different from country to country.
From India, Kolkata
From India, Kolkata
My dear,
Even though it is the case of abandonment, you have the employee concerned a fair chance to defend his case before taking an action against him. As per judgements the term "abandonment" has become confusing to a few and a misnomer.
Regards
S.K.Johri
From India, Delhi
Even though it is the case of abandonment, you have the employee concerned a fair chance to defend his case before taking an action against him. As per judgements the term "abandonment" has become confusing to a few and a misnomer.
Regards
S.K.Johri
From India, Delhi
Dear Kavin,
One of the terms of the contract of service is regular attendance to work. If an employee absents himself unauthorisedly or without intimation for a long period and fails to report for duty even after intimation or remains incommunicado, it means abandonment of his service which is certainly a punishable misconduct by the employer after following the due procdure in tune with the principles of Natural Justice. So, the employer should not just remain with his personal inferences and presumptions in this regard. Whether the absenting employee co-operates or not, the employer should proceed formally with the disciplinary action, come to an independent conclusion on his own and decide on merits whether to retain the employee on the rolls or not.
From India, Salem
One of the terms of the contract of service is regular attendance to work. If an employee absents himself unauthorisedly or without intimation for a long period and fails to report for duty even after intimation or remains incommunicado, it means abandonment of his service which is certainly a punishable misconduct by the employer after following the due procdure in tune with the principles of Natural Justice. So, the employer should not just remain with his personal inferences and presumptions in this regard. Whether the absenting employee co-operates or not, the employer should proceed formally with the disciplinary action, come to an independent conclusion on his own and decide on merits whether to retain the employee on the rolls or not.
From India, Salem
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