Hr Manager
Kritarth Consulting
Posh Programs; Hr Management Consultants

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Dear All,
We have one situation here. One of our employees is on unscheduled leave since February 13, 2020.
He sends messages every two days that his mother is not well and he does not know by when he will be able to join the office. However, he does not talk on the phone.
In our HR Policy, it is mentioned that if you are on leave for consecutive 3 days without informing, the employment will be terminated with immediate effect. But he sends the message every third day saying his mother is not well, and he is not sure when he will be able to resume the work.
Can we legally terminate the employee? He does not pick up anyone's phone from the office. We tried reaching from the different numbers as well but he cuts the phone off once he knows that we are calling.
Please guide.

From India, Ahmedabad
It could be a true story that the referred employee has got a problem of his mother's sickness.
But your company policy says:
"In our HR Policy, it is mentioned that if you are on leave for consecutive 3 days without informing, the employment will be terminated with immediate effect.
As the employee concerned informed of his leave after every 2 days, it could be construed that
he is availing leave with permission/intimation only and hence, your company can not terminate
his services, abruptly.
Being an HR person, you can send your assistant to his residence to enquire into the problem.
You may get factual position; at the same time the employee shall be delighted by this very gesture from the company's side.
After getting factual position of the situation and after analysing it, you may take a call as to
further going ahead.

From India, Aizawl
Please issue by Regd Post AD, a Charge-Sheet/ Show Cause Notice at his Home and Local Postal Addresses informinghim/her that Unauthorized Leave /without prior and proper Sanction is an Act of Misconduct for which s/he is liable to DisciplinaryAction and therefre, s/he should submit
within Two or Seven Working Days as stated in your Service Rules, his/her Written Explanation/Reply as to WHY necessary Disciplinary Action should not be initiated against him/her.
Therafter appoint an Inquiry Officer to hold Domestic/Managerial Inquiriy into the Charge leveled against her/him, and on conclusion of Inquiry Proceedings to be held/conducted as per the Principles of Natural Justice, take necessay Disciplinary Action (Proportionate Punishment)
Kritarth Team is ready to assist/ Guide.
Kritarth Team of Inquiry Officers

From India, Delhi
It may be a true story, but I doubt if a person cannot even spare 5 mins to call or something. We are trying to reach him since long over the call, he does not pick up the calls.
He says he has left Ahmedabad and he is now at Rajasthan at the hometown. However, we will send someone to his PG at Ahmedabad. Thank you for the suggestion.

From India, Ahmedabad
@Team Kritarth, I think that’s a good idea. We will take the necessary actions today.
From India, Ahmedabad
Any employee can be terminated for three days unauthorized leave, which is as per your HR Policy. Whether all the employees of your establishment are aware of the rule.
Whether the employee has submitted any leave application for the leave prior to extension of leave in intervals?
You can terminate in accordance to your HR policy for unauthorized leave and you should stay prepared to prove that employee was absent from duty without information. You also send a message " your service has been terminated for long absent from duty" to the employee and watch & see.

From India, Mumbai
Any TERMINATION ORDER without Show Cause Notice, Enquiry will be held invalid as it i against the principles of natural justice. It is not Company's H R Policy which decide the employment or termination.
From India, Chennai
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