After What Duration Can An Employee Be Terminated

Dear Cite Members,
Kindly guide - If an Employee directly stops coming to work & does not give any intimation or answers the call made by company, ins cuh cases after what duration of time can the employee be considered absconding & terminated from system.My establishment comes under shops & establishmenrt act.
regards,
sandeep yadav

If standing order act applies to your establishment then you need to conduct domestic enquiry... else your wish with reference to appointment letter clause....

In case you do not have standing orders as stated by Mr. Prashant, (and I doubt your appointment letter has any such clause), then you need to send a letter to the registered address asking him to rejoin within 7 days. If you do not get a letter, send a termination notice.

If no appointment letter, no standing order, You have to follow model standing orders. As already conveyed, send a letter to report for duty. If not joining conduct internal inquiry, give him a chance and prove that he is guilty and terminate him and clear the dues, if any.

Hi
As mentioned above you should send 3 letters by REGISTERED POST to the registered address of the employee. The tone of the first 2 letters should be pleasant, the final letter can be curt, where you clearly mention that due to non-response, the employee is being removed from the rolls of the company.
Hope this helps.
Regards,

Dear Mr.Sandeep,

You have not mentioned your query in detail. We are always insisting on the readers or advise seekers to come out with genuine facts so that the experts can give their opinion.

Whether your employee has received any appointment letter from your company. What is the tenure he has served to the company Whether he is a probationer or confirmed employee. If there is no any offer of appointment in writing, you can terminate him by issuing a show cause notice. In case of he is a confirmed employee and initiate a domestic inquiry alleging his absence without leave habitual absence and neglect of work., You issue him a charge sheet as per your company standing order. If Standing Order is not exists you can follow the Model Standing Order in lieu of Standing Order. During the inquiry process you see that you should have sufficient documentary evidences to prove his misconduct and inquiry should be done on the basis of Natural Justice.

Adoni Suguresh

Sr.Executiv e (Pers, Admin & Ind.Rels) Rtd

Labour Laws Consultant .

Hi Sandeep,
As said by Ryan, these two show cause notices should be sent through register AD asking the reason of absconding to the duties without intimation to the management in 7 - 7 days gap from the date of LOP and the final letter which may be termination letter with immediate effect, which would be referring to the earlier non responding letters.
Regards,
Janardan