There is an employee who joined company (letter of intent given, salary credited to account, appointment letter not given). That employee is under unauthorised absence for 10 days and previously was on unauthorised absence of 15 days. He was warned several times over telephone and personally. Finally, a show cause notice was issued to explain why disciplinary action should not be taken. It was mentioned in case of no reply the management will be at liberty to take appropriate action without further reference to him. There is no reply received from him.

1) Whether he should be dismissed or terminated?
2) Is It necessary to send him any communication confirming dismissal or termination?

Looking forward to your reply. Thank you.

From India, Delhi
Agm - Hr&admin
Sr. Hr Manager
John Chiang
Industrial Relations And Legal



Few questions:

Why Appointment order not issued but salary was processed and credited to his account?

What is the content of letter of intent ? any term mentioned regarding notice period in it ?

Now that he is not reporting without any information. Now that already warning/show cause already issued please wait for his reversion. If the letter is posted through RPAD wait for the delivery acknowledgement as well. In case of no reply go ahead with termination for unauthorized absence. Termination through RPAD is must. In case if the termination RPAD bounce back to your address.. file it in his personal file without opening it.

From India, Madras
@ V.M.Lakshminarayanan

Thanks a lot for the reply. The appointment letter issuing was delayed due to some issue. He has worked only two months in company. In letter of intent there is nothing mentioned about notice period. The show cause notice was sent by email and whatsapp to him.

- Whether issuing show cause notice by email is fine?
- Can the termination letter be sent by email?
- Does RPAD means registered post?

From India, Delhi


Fine. It is strange even after two months of service Appointment order is not issued. So when there is no mutually agreed terms and conditions on notice period between employer and employee on what basis you had served show cause notice? Employee will claim he is not aware any such notice period clause ?

Show cause/ warning /termination letter always to be served through Registered Post with Acknowledgement due ( in normal register post you will not get signed acknowledgement which is proof of delivery.) In additional you can mark a copy through email.

Sending communication only through email is not suggested. Reason being employee might claim in future that he haven't seen the email or that particular email id is not in use ? Same way whatsapp msg cannot be considered as proper channel of communication. Email/whatsapp can be used as additional communication method only.

From India, Madras

As appointment letter was not served, there is no legal binding between company/employer and employee. In such a scenario, you can infer that he has voluntarily abandoned his employment.
From India, Aizawl

The subject accepts due to issues Appointment Letter is not issued. So the derailment of duty first attributable on the employer.
Normally a formal letter of appointment is issued and the employee is asked to fill in the details in the Duty joining report on the day of his joining duty. Another form is filled by the employee for opening a Salary bank account for the employee in the same bank where the company hold their account. This is normally done to facilitate easy documentation and concurrent transfer of funds to the employee from the company.
Now the problem doesn't give proper details. Why and Letter of Appointment is not issued and signed by the employee with terms and conditions?
As you say there are issues so both sides are at fault. You didn't accept some conditions of employee and also Employee doesn't accept some conditions of the Employer.
Then nothing is binding.
How can you credit the Salary without any approval from the Department where he worked?
If bio-metric attendance is there they why the HR not checked the attendance of the employee for the minimum number of days he is present on duty?
Normally I always see 25 days attendance of the current month plus the earlier months from 26th day to month end 28/29/30/31 as the case may be. That is the calculation is from 26th of earlier month to the 25th of the current month.
This is for employees in the office, and field peoples they are authorized by the managers.
So New Joining Employees are always shown separately and their account is checked for probation, absence, sick and not reported unauthorized absence etc.
Here either you give termination or suspension but a relationship of employer and employee is not established.
At the most you can do it, check his attendance and and what you have paid to him. If any excess is paid due to automatic credit of Salary then you can seek refund. A notice could be sent by the company with a show cause notice for remaining absence during the probation period.

From Saudi Arabia
John Chiang

Any absence during normal working hours which is not covered by an approved Leave Request, including any leave over the period specified by an approved Leave Request, or which is not authorized by a special and specific ruling by competent Company authority is considered Absence Without Leave (AWOL).
Record of AWOL

For HR to review the employee's attendance records, any AWOL should be identified by Payroll Unit in the HR Dept. The HR Department will verify the AWOL by discussing with the employee's supervisor, and the employee if necessary. The AWOL will be recorded in the employee's leave record. For exempt personnel who do not use Time Cards, AWOL must be reported by the employee's supervisor to the higher authority and the HR Department for similar record and action if Necessary.

Excessive AWOL
In our company, excessive AWOL will result in disciplinary action or termination. AWOL may not exceed 3 consecutive working days in one time or not exceed 6 working days in one month. The employee will be fired legally.

The record of AWOL is considered during the annual performance review or merit increase.

Best regards,

From China, Shanghai

As the employee has worked only for two months, most likely he didnt like the job and left on his own. You can wait for some time say for a month or so and send a letter of termination directly to the last known address as per his application. The letter is to be sent to the individual by RPAD.
From India, Madras
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