Can We Let Go of a Probationary Employee for Frequent Sick Leaves and No Communication?

Can we terminate the employee who is taking a number of sick leaves during the probation period and hasn't submitted the medical documents, is not picking up calls, and is not replying to emails? A warning email has also been sent to him regarding the same.

Thank you for the reply, Amit. According to the appointment letter, it is mentioned that "we can terminate the services either by giving 30 days' salary or notice." I want to know if we can start his notice period by mailing him as he is on sick leave. Or can't we terminate him on the basis of not being in contact or giving any reply to our warning mails?

Regards,

Sent the email to inform that the notice period has started. If he wants to return to the job, he should reply to the email or contact the company to obtain relevant documents. This will allow the company to consider his request.

While concurring with Mr. Amit regarding the precautions to be taken before deciding to terminate the services of an employee, I may add that if the appointment letter stipulates a notice period or payment of salary in lieu thereof, even during probation, the company has to comply with it. Further, summary termination, even as per standing orders or as per the appointment letter, is fraught with the risk of being subjected to judicial scrutiny by the courts, who may set aside such terminations if they find them to be punitive. Therefore, it is better to conduct an inquiry for the unauthorized absence of the employee if the employee has not been sanctioned leave for the said period, and take an appropriate decision based on the findings of the inquiry.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

Thank you for everyone's support. I would like to add more information regarding the issue and want advice on the same.

Termination and Communication Issues

My boss has given him the termination mail as he didn't reply to any of our warning mails and phone calls. Yesterday evening, we received an email from his side, copying the Labour court and a US NGO. It stated that we didn't try to follow up with him, he didn't receive any mail from our side, and he mentioned having network problems on his cell phone, making him unreachable. Despite trying to contact him through his wife and informing her about the urgency, we did not receive any response. Additionally, his wife stopped taking our calls.

In the email, he provided another number on which he could be reached, expressing his willingness to cooperate with the Labour court and be reachable on that number if needed. However, when we called that number, his brother answered, stating that he was unwell and couldn't come to the call. They mentioned not receiving any warning mail but only the termination mail, questioning how this occurred.

We then forwarded all previous emails as proof and requested him to check and reply, along with sending his medical documents within two days. Despite these requests, we have not received any response from his side. What should be our next step?

With Regards,
Smriti
HR Manager