Navigating Trainee Termination: Are There Legal Risks When Mental Health Is Involved?

Hi,

I am working in a private company in the HR department. One of our trainees has been absent from duty for the past month. The letters we sent to him were returned, stating that the addressee was not found. Later, we found out through his parents that he is mentally ill and has been admitted to the hospital. His parents are also not available at the old address, and we are unaware of their current location, making it difficult for us to locate him. So far, we have not received any written communication from him regarding his illness. The management now wants to end his training and terminate him. Are there any legal issues involved in this decision? Can I proceed with the termination process?

Kindly advise.

Regards, Kakathkar

Hi,

Have you hired this trainee for a specified period? If yes, you must have mentioned in his letter that he is hired as a Trainee from (Date) to (Date). Beyond this date, his services are automatically terminated.

You have sent a letter to his corresponding address that was returned undelivered. Please send another letter stating that he has been absent from his duties since (Date), and the letter No. (Number) dated (Date) was returned to you. Provide him with another chance to report for duty within 48 hours upon receiving this letter.

Send this letter to his corresponding address and also to his permanent address through registered post.

If you do not receive any response after 15-20 days, send another letter to him stating that this is the management's final opportunity.

If there is still no response, remove his name from the attendance register.

When you receive an undelivered letter, do not open it. Keep it intact in his file. Retain all the registered post slips in his file along with a copy of the letter.

This process can be applied to anyone who is absent from duties without written permission.

AMATYA

Hi,

The term "trainee" is unknown to law. Have you appointed him under the provisions of the Apprenticeship Act, or as a Probationer? If, in your opinion, he has abandoned the service, you have to conduct an inquiry into the matter as per the law. Simply, you cannot terminate his service. To come to a conclusion that he has abandoned the service, one month's period of absence is not enough. That can be termed unauthorized absence. You have to keep marking him absent until his probation period (not 'training' period) is over. Don't terminate him before conducting a departmental inquiry into the matter. You must have some documentary evidence to show why you have come to the conclusion that he has abandoned the service. The term 'absconding' is unknown to labor law. In your case, you have not yet served the notice to him in the eyes of the law. When you don't have his present address, it is expected that you publish the notice/letter calling him back in the newspaper largely circulated in the local area.

S.M. Paranjape, Labour Law Consultant,
Email: sameerparanjapeadv@yahoo.co.in,
Phone: 9850083760

Dear Sir,

I am working in an MNC as an HR executive. In my company, more than 10,000 employees are working as deputees under different agencies/manpower consultancy payrolls. The concern is that more than 1,000 deputees are leaving their jobs without any intimation or proper submission of a resignation letter. I need your advice on the following:

1. How can I terminate their employment from the agency side?
2. If I want to settle their F&F, what would be the procedure?
3. Is there any other way to close this issue?

Please suggest.

Regards,
M. Prabhu