Long Absentism And Termination

Dear All,
One of our employee took leaves from his Reporting officer for a month. After completion of the month that employee neither joined his services nor communicated with the company in that regard/reasons. As per our company procedure we have already given him 3 notices for long absentism.
Now we want to ask you that Can we terminate that employee for that cause, and If yes, Is he will be liable for the salary of that one month,in which he was on leave, As per his commitments he had to join his services, but he did not..
Plese suggest..
Thanks..
Manish

Dear Manish,
You can send a termination letter to his communication address stating about organisation losses due to absentism and attached all three warning letter/notices.
Attached a copy of appointment letter(which was issued to him at the time of joining),i hope your appointment letter must contain the clause related to prolong absentism without information.
No work =no pay rule to be followed here as he is absconding from his duty and not replied of your warning letters.
Best Regards
Global overseas-New Delhi office
Mohammad Sajid Ansari
9899775578

Before terminating him please offer him an opportunity of being heard. For that send show cause notice to his residential address and call for his explanation. If he does not reply send another letter. If required conduct an enquiry. In that enquiry you can state that he was a habitual absentee. The warning letters given to him will be taken as evidences and on the basis of the enquiry you can terminate his service. On the other hand, if he is terminated straight away, he may claim for reinstatement and if the court finds that the employee was not offered an opportunity to defend his charges, the court may direct reinstatement with back wages.

If he was on leave till a particular date and since then he is on unauthorised leave, you can withhold the salary for the leave period also. But before doing so, you should send a letter. In the same letter calling him to explain why disciplinary action should not be initiated against him, you can mention that his salary for the leave period would be withheld till a decision is taken.

Regards,

Madhu.T.K