Hi,
I want to clarify an issue regarding Termination. Can the company terminate any employee if the employee is on sick leave for 10-15 days without providing proper information? Do we have to pay the employee one month's salary upon termination, or can we terminate the employee directly for not following company rules?
From India, Gurgaon
Acknowledge(0)
Amend(0)
I want to clarify an issue regarding Termination. Can the company terminate any employee if the employee is on sick leave for 10-15 days without providing proper information? Do we have to pay the employee one month's salary upon termination, or can we terminate the employee directly for not following company rules?
From India, Gurgaon
Acknowledge(0)Amend(0)
Dear doll,
It may be an attempt on the part of the employee to get terminated without serving the notice period (or make payment in lieu of this). Just search this forum a bit, and you will know what's happening.
From India, Madras
Acknowledge(0)Amend(0)
22It may be an attempt on the part of the employee to get terminated without serving the notice period (or make payment in lieu of this). Just search this forum a bit, and you will know what's happening.
From India, Madras
Acknowledge(0)Amend(0)
If your employee is a workman as defined in the ID Act 1947, and if they have completed 240 days, you can't terminate their services without conducting a fair and legal domestic inquiry (except for retrenchment). Regarding their 10-15 days of absence or sick leave, you have to conduct a domestic inquiry as mentioned above.
Termination of Non-Workman Employees
When terminating an employee (not a workman), you have to follow the conditions specified in the appointment order. If the appointment order states that one month's notice or pay in lieu of notice is required, then you have to comply with the same.
Regards,
SDP
From India, Kolhapur
Acknowledge(0)Amend(0)
Termination of Non-Workman Employees
When terminating an employee (not a workman), you have to follow the conditions specified in the appointment order. If the appointment order states that one month's notice or pay in lieu of notice is required, then you have to comply with the same.
Regards,
SDP
From India, Kolhapur
Acknowledge(0)Amend(0)
Hi, if an employee is absent without information and has not communicated regarding their sickness with the employer, boss, or senior HR for several days, why shouldn't the employee be treated as "absconded"? You might wonder how the employer knows about the situation and the reality; therefore, you can certainly take action but by following the "Termination Procedure," which is necessary for these kinds of situations or acts as per the terms and rules laid down in the Employment Letter.
Generally, when any employee is found absent from the job without any information for many days, the employer adopts a procedure that permits them to issue a warning letter to the employee first, asking them to report back with a valid reason for the absence or leave without information. If the employee never responds, they can terminate the employee as per the procedure and terms and conditions.
In this case of "Termination" (violation of rules by the employee, specified under the mutual agreement "Employment/Appointment/Joining Letter" signed by both parties, Employee & Employer), the employee cannot claim salary for the "Notice Period," or it is not applicable.
However, if the employer retrenches any employee due to uncertain conditions or related reasons, they should compensate for the loss of employment to the employee by paying the Notice Period Salary.
For more, you need to go through the terms and conditions you are using with appointment/joining letters in your organization.
From India, Gurgaon
Acknowledge(0)Amend(0)
Generally, when any employee is found absent from the job without any information for many days, the employer adopts a procedure that permits them to issue a warning letter to the employee first, asking them to report back with a valid reason for the absence or leave without information. If the employee never responds, they can terminate the employee as per the procedure and terms and conditions.
In this case of "Termination" (violation of rules by the employee, specified under the mutual agreement "Employment/Appointment/Joining Letter" signed by both parties, Employee & Employer), the employee cannot claim salary for the "Notice Period," or it is not applicable.
However, if the employer retrenches any employee due to uncertain conditions or related reasons, they should compensate for the loss of employment to the employee by paying the Notice Period Salary.
For more, you need to go through the terms and conditions you are using with appointment/joining letters in your organization.
From India, Gurgaon
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Why did this talented employee leave.doc