Dear Friends, Am facing one issue in my manufacturing company. One employee ( Operator - Groundworker) has unauthorized absences. Moreover, he has a little bit of an attitude and makes it confusing for the staff regularly. So Management has terminated him. Now he is threatening the company about taking legal action for his termination. Kindly give the advice for the next move.
From India, New Delhi
Hr Manager
Hr Consultant
Management Consultancy
K C S Kutty
Labour Laws

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Dear Sathish
Please clarify the reason for termination, if it is on the account of unauthorized absence then how many warning letter has been given to the employee.
Company can not straight away terminate someone, Quantum of penalty need to be decided by proper investigation & giving chances to the employee to prove his/her point.
For further clarity please feel free to write us @

From India, New Delhi

You need to disclose the number of employees in your firm, the length of service put in by the terminated employee, nature of work, salary drawn, any past record of punishment imposed. etc. Anyhow you have to keep ready all the documentary proof regarding the poor attendance and the actions taken so far to improve him , you will have to produce them in the court if the termination is challenged. You have to specifically plead for being given opportunity to prove the misconduct on merit. Consult a proper labour law practitioner who appears for employer normoally in case you receive any notice.
From India, Mumbai

Whether the employee, in question did proceed on leave unauthorised, as a first instance. Or any previous incidents like this, in his previous history?
Before awarding the punishment of termination of his service, have you done the documentation in support of this, like, issuing warning letters, charge sheet, ordering and holding domestic enquiry etc. If not done, the action of company is a hasty and prejudiced one.
If you have followed the procedure, as imbibed under Certified Standing Orders, in the absence of which Model Standing orders, there is nothing to worry, and let him challenge the termination in any Court of Law.

From India, Aizawl

Dear Sathish,
I would suggest you to check few things on priority that is attendance policy, attendance clause in appointment letter/contract and attendance sheet/record of the employee.
The judgement can be on the basis of the attendance policy and attendance clause in appointment letter/contract. Your company is liable for any legal action in case you have proper description in clause.
For example
● Absenteeism: Absenteeism in the disciplinary context means being absent from work without the expressed permission from the reporting manager or any information.
"In the case of any employee who is absent from work without permission for a certain period. In this case the employee will be dismissed as being “absent or absconding” "
this is the clause we have in our policy, that means company has the right to do so but when the case is genuine and employees have to accept that.
A proper way to terminate any employee in case of misconduct is to provide them verbal and written warnings. But if the company feels that keeping that employee will not be good for company and other employees, company can terminate the person on immediate basis giving them proper description of their misconduct.

From India, Gurgaon

Whether the employee has been terminated as per terms of appointment and conditions of services laid down in your manufacturing company.
Your part of job is over for now because you have done what you want to. You have to wait till you get a legal notice from the labour department in connection with the termination. Till that time your prime job is to keep all records(Attendance +Leave Application+ your caution notices+ number of absence in service tenure) intact, in support of your action.

From India, Mumbai

Termination of a "workman" without following fair and proper disciplinary procedure, is illegal and is liable to be challenged under Industrial Disputes Act 1947, before the Conciliation Officer / Labour Court.
S. K. Mittal

From India, Faridabad
K C S Kutty

If the termination of the workman is done without following the procedure as applicable to him, he will raise a dispute before the Conciliation Officer and thereafter Labour Court.
So your next step, if he raised an industrial dispute, be ready to defend it.

From India, Madras

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