How Do I Legally Terminate an Employee Who Has Been Absent Without Notice?

Hi everybody,

I would like to know the relevant law applicable to the below query and the procedure.

One of the employees (Receptionist) has not been attending the office since 29th April 2010 without giving any intimation. When trying to contact her, she is not answering the phone calls and sometimes has it switched off. A show-cause notice was issued on 31st May 2010, questioning why disciplinary action cannot be taken. If she does not reply by 08.06.10, her services will be terminated. There has been no reply as of today.

As per the appointment letter, either the employer or the employee has to give one month's notice. Now, I would like to know the procedure for termination and, more particularly, the relevant law applicable for termination.

Her CTC is 1,20,000 per annum. Should I refer to labor law?

Thanks in advance.

If the mobile phone is her personal property, then she has the right to do anything with her mobile phone.

1. If she works under workmen category, she falls under the certified standing orders of your company. If you do not have a CSO model, the standard standing orders applicable to your organization will apply.

2. If ISO is not applicable, then the terms and conditions depend on the terms and conditions stated in the appointment letter. In any case, if she has absconded from services without informing you, it would be considered misconduct. You can proceed as per the company's policy to take necessary action.

Hi,

Please check if you have any terms and conditions of employment in the appointment letter. If such terms exist, you can follow them to terminate her. Generally, companies include clauses in the appointment letter to address such issues. If no terms are specified, and a show-cause notice has been issued to her, then there is no need to worry; proceed as per the communication given to her.

Thank you,
Barada

You should have sent the Show Cause Notice to her by "Registered Post Acknowledgment Due" and you should have received the Acknowledgment Card duly signed by your Employee and not by anyone at her place. Or if the Show Cause Notice served by you was not acknowledged by her and returned to you with a comment by the concerned Post Office, notify as per the action. You should not have sent it by Courier Service because Courier Service is not recognized by the Court of Law.

If the employee has not responded on her mobile, you cannot take action and cannot make it indiscipline or a violation because it is her personal property. Had it been given by your Company, then you are at liberty to initiate action on a violation of the code of conduct. You should have a valid mobile phone policy to that effect.

It is always the right procedure before terminating an employee; you have to publish a Display Advertisement cautioning with the dire consequences. If she has not reported for duty, and it is construed that she has resigned on her own accord and no payments of any nature should be made to her. But if she is an EPF Account Holder, please do not commit a mistake of withholding her claim applications. If she joins any other organization, if covered by EPF, she has the right of transferring her accumulations to her new company.

Therefore, handle the issue of termination without causing IR issues.

Dear All,

Thank you very much for your nice suggestions. Relying on your valuable suggestions and my search, I am able to find out the answer. To my query, she is covered under the definition of 'Workman' in the Industrial Disputes Act. The Act deals with the Retrenchment/Termination of the workman under certain circumstances but not when the Disciplinary action is to be taken. As Mr. Ravi (Mravimtnl) has rightly said, this amounts to misconduct and also is bound by Standing Orders of the Company if any or the appointment letter if S.O. is not there.

Regards, Revatichan