Employee Absent for 10 Days Without Notice: Is Termination Legally Justified?

Hi all,

I am working as an HR in an automation company. One of our employees has been absent for more than 10 days without any intimation to their superior. Consequently, our company management instructed me to send them a termination email. Is this action in compliance with labor laws?

Dear,

I think you have a standing order in your company that must be authorized by the company's competent person and the Labour office. Please carefully read what punishment has been explained for an employee if he/she is absent from duty without information. Please cross-check the appointment letter as well.

Send a letter to the employee at his/her permanent address with Regd AD, stating that they have been on unauthorized leave for the past 10 days. Request that the employee return to duty within 3 days of receiving the letter and provide an explanation for taking unauthorized leave.

Mention that failure to comply will lead to the assumption that the employee is no longer interested in the job and is absconding, resulting in termination for absconding.

Dear Seniors,

I have a query in my organization. There is no culture of giving appointment letters, and there are more than 100 employees working, but the model standing order applies. I want to know if anybody resigns, can we deduct one month's salary of the employee in lieu of notice since there is no appointment letter given.

Regards,
Dinesh Kumar

Dear Dinesh,

If you would like to implement something, you need to have a procedure for the same, and that should be in writing.

Keep in mind that both parties (Employee & Employer) have equal opportunities in terms of conditions of appointment and so on.

P.S. Dear Saji, through this absconding letter, we can assume the resignation of the employee, but there must be conditions for both temporary and permanent employees. It is necessary to follow the standing order and company policy.

Yes! If the respective employee has a history of continuous absenteeism with or without intimation, and the reporting authority instructs you to send the termination letter, you can proceed with sending it.

No, if the employee didn't inform about leaves for 10 days, then as per process, first try calling them on the provided contact numbers and secondly, via emails. If the employee still doesn't respond within 2-3 days, then you can send a termination letter. For this, you should have an official email from the respective reporting authority.

(Inviting seniors to comment more as per their company's HR policies.)

Thanks,

Manoj Javir.

One thing is certain - you cannot just send a termination letter. First, check your standing orders. Check the appointment order. Contact the employee to find out if he is hospitalized or ill, etc. Principles of natural justice have to be followed by giving notice, a chance to reply, and then termination after considering the reply and/or evidence produced which shows the reason for absence. Follow due procedure before termination.

Dear Mr. Sandeep Sharma,

In my previous communication, I did not instruct to disregard the Standing Order or company Policy. Instead, I informed the employee to submit a letter of absconding, emphasizing that failure to reply or return to work will result in termination. It is important to note that I did not explicitly mention terminating the employee in my message.

Thank you for your attention to this matter.

Sincerely

In the first step, termination orders cannot be issued under the rules. First of all, the official may be called or reminded to resume duty within seven days positively and informed of the reason for their unauthorized absence from duty. If they fail to do so, they may be reminded at least three times. If they continue to fail to comply, then they may be terminated immediately in accordance with the rules.

Termination Process for Unauthorized Absence

Mr. Rao has given his opinion very correctly. Termination of services on the grounds of unauthorized absence is not legal, proper, or correct, and it is against the principle of natural justice. As our learned members have opined, send a registered letter to the address he provided at the time of joining, directing him to report for duty. If he fails to do so, disciplinary action will be initiated against him. If he responds to this, that is acceptable; otherwise, follow the procedures for disciplinary action.

Before that, a Show Cause notice and charge sheet should be issued, and then conduct the inquiry. Wait for the findings of the inquiry officer and issue the orders. Please ensure that at the time of the inquiry, he should be permitted to defend himself either personally, through his colleagues, or through an office bearer of the union.

Regards, Adoni Suguresh
Labour Laws Consultant

Dear Seniors,

One of our employees has been absent for more than 10 days without any intimation to their superior. We have sent a letter to the employee's permanent address, but have not received any reply. In such a situation, the employer can withhold the salary. Additionally, if the employee returns after 30 days, they will be entitled to the pending salary.

Thanks,
Cp Singh

Termination and Unauthorized Absence

Straight termination of employment on the grounds of unauthorized absence or absconding, without holding a domestic inquiry or affording a reasonable opportunity to the delinquent employee, amounts to retrenchment. This is true even if it is provided in the appointment orders or service regulations of the establishment. Any retrenchment carried out without complying with the provisions of Sec. 25F of the Industrial Disputes Act, 1947, is illegal.

Termination on disciplinary grounds, however, is not considered retrenchment. Therefore, unauthorized absence or absconding is a misconduct that can only be punished after following the procedural disciplinary action. Please refer to the judgment of the Supreme Court in DCM Ltd. v. Shambunath Mukharjee (1978 LLJ) for further details.

Regards, Aparna

At first, send the absent employee a show-cause notice to be replied to within a specific period. Also, make sure that they are not seriously ill or have not met with any accident. If the management is not satisfied with their reply, take disciplinary action as per the provisions of the company's disciplinary policy, if one exists. Otherwise, terminate their employment after providing a clear and valid reason for the termination.

If one company senior terminates a staff on Monday morning without giving any notice period, what about his salary for the next month? Now, he is asking for his salary through an email to the HR department. What can HR do?

After 10 days, his senior sends the staff a resignation and no due letter.