Can Employers Legally Fire Staff Without Notice for Absenteeism? Seeking Clarification and Legal Insights

Dear friends,

I need some clarification: Can an employer terminate a staff member without giving any notice for absenteeism? Would this action be legal or illegal? I also require some documents supporting your answer according to international law. Please reply to me quickly.

Dear,

What do you mean by staff? What are the terms & conditions of appointment? Under which international law are you expecting a quick reply from the Cite HR members?

With Regards,
R.N.Khola

Normally, you are not supposed to terminate an employee without notice. It is important to ensure that this requirement has been clearly communicated either in the appointment letter or any other documentation provided to the employee at the time of joining.

Regarding your question on international law, it is important to note that there is no specific international law that dictates regulations for every industry. To provide more accurate assistance, please specify the details of your inquiry.

Malikjs and R.N. Khola are experienced individuals who can offer valuable insights and assistance on this matter.

I am new to this place. To terminate any member of the staff, you should have proper documentation. What Mr. Giridhar Alwar was saying is absolutely right. You should give verbal and written warnings before you take any action, and those written warnings should be as per your company policies (which may be 1, 2, or 3).

In normal course, without notice or any type of warning, it is not legal to terminate any regular staff, even if they are in probation, due to absenteeism.

Dear [Recipient's Name],

Please clarify your question and inform us about the industry in which you are employed. Are you practicing labor laws of our country or following international law? If following international law, it would be beneficial to refer to the website of the International Labour Organization.

Thanks & Regards,

Sumit Kumar Saxena

QUESTION—Is it open to an employer as per international law to terminate the services of an employee on the ground of absenteeism without giving him notice?

ANSWER—No. This is prima facie an illegal action. The question of international law does not arise. Such action would be against principles of natural justice. It is a basic principle of natural justice that nobody should be condemned unheard.

-- M C Gupta
MD (Medicine), LL.M.
Ex-Professor
Practising advocate
27 January 2010
mcgupta44@gmail.com

Dear Friend,

Please do NOT make such flippant and irresponsible comments on this site. It does NOT behoove an HR Professional.

Vasant Nair

This may not be the first time someone is pointing out that specific questions with all relevant details must be asked. Repeatedly asking for more and more details is a very cumbersome task, and it is not fair to cause so much waste of time and effort. Please write out your query with complete details, and then we will be able to give you meaningful advice. Can we try and "DO THINGS RIGHT, RIGHT THE FIRST TIME"?

Vasant Nair

You need to refer to your Code of Conduct and Staff Rules handed to you along with your appointment letter when you join. Usually, one does not state the reason in a termination letter other than non-performance, which, of course, in other words, is absenteeism in your case. In this, it will also state a notice period, which both parties have to follow.

The terminology used "Staff" is vague and it needs clarification. Absenteeism is to be seen in three different levels: (i) Long-unauthorized absence (ii) Intermittent and habitual absence, where the number of days of absence on any one occasion does not exceed a few days (iii) absence leading to the conclusion that someone has abandoned his job with the company. In all cases, summary dismissal is neither warranted nor supported in law. Employers have to give a reasonable opportunity to the erring employee to give an explanation in writing - which has to be dealt with according to the merits of each situation.

For the class of employees who would be treated as "Workmen," the provisions of charge sheeting, domestic enquiry, findings, etc., should precede the award of punishment. If Standing Orders are applicable, the processes as laid down in the Standing Orders must be strictly adhered to if one wants to make it foolproof in terms of a potential challenge. However, if the employee is not a workman, then the Terms of employment as stated in the contract of employment would take precedence. Even if the contract includes summary dismissal provisions for certain misconduct, it would be better to seek an explanation through a Show-cause notice. Even a mere telegram conveying intent is adequate. If any explanation is received at all, then an enquiry could be conducted depending on the terms of the contract and evidence recorded as part of the proceedings.

Finally, the order of dismissal can be passed if needed. If an employee does not show up for an enquiry or to give an explanation, make a couple of more efforts on the record to show that you have tried to reach him and give him an extension of time for the submission of an explanation on a suo motu basis. If all efforts fail, have an ex parte enquiry and then deliver the punishment. Remember, punishment must be proportionate to the misconduct. In a L&T Komatsu versus one of its employees, an employee who had been dismissed on account of habitual absence has been upheld as valid by the Hon'ble Supreme Court. There are several similar decisions. Courts are not inclined these days to let habitual absentee free of punishment. However, give a reasonable and fair opportunity.

EIRVALSA