How Should We Handle Employee Termination for Unexplained Absences? Seeking Advice!

Dear All,

Please let us know the procedures to terminate an employee who leaves the office/site without information for several days. Is it possible to terminate immediately without giving notice if he absconds from the site/office? If yes - Then please let us know the procedure. If no - then why, Please explain?

Pramod Kumar

Dear Pramod Kumar,

Handling Employee Indiscipline

The process of handling employee indiscipline has been discussed on this forum many times. You could have searched this forum. It appears to be a case of abandonment of employment. However, before termination, send a notice to the last known address of the employee. If the employee does not respond, send a second notice. If the employee still does not respond, then order a domestic enquiry. If the employee fails to appear before the enquiry, then you may terminate the employee.

The process of removing an employee may appear not just long but interminable too. However, it is foolproof, and should the employee challenge his termination in a court of law, you will have sufficient evidence to show that you have followed the principles of natural justice.

Thanks,

Dinesh Divekar

True, termination is fraught with implications on the employee's livelihood and should not be hastily pursued without making sufficient efforts to determine if the employee has no intention of continuing their job with you. Such a decision cannot be reached hastily or unilaterally.

B. Saikumar HR & Labour Relations Advisor

I agree with the comments of Shri Dhingra.

An experienced HR professional will not ask this query. Termination of an employee is a serious matter and should be done after following the laws of natural justice. Here, natural justice would be served by giving notice, holding an inquiry, and then thoughtfully taking action. No hurried firing and then facing the music from a court of law, which may set aside the act of termination.