I want to terminate an employee from the company who has been absent for 2 months without any notice. My manager has instructed me to send a termination letter without any prior warning or a show-cause notice. Could you please provide me with a suitable format for this letter?
Thank you.
From India
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3Thank you.
From India
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Hi Itzarsh, please note we cannot send the termination letter to any employee directly without sending any warning for continuous absence. If we send the termination letter as the first communication between employers and employees regarding continuous absence, the employee will not be given a suitable opportunity to be heard. As you mentioned that the employee has been absent for the last 2 months, you should have already sent three letters by now. Finally, I advise you to kindly go through your company's certified standing order.
From India, Mumbai
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From India, Mumbai
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Dear Itzarsh, as per Mr. Dhillon's instructions, you are not authorized to issue a termination letter to the employee. Firstly, please send a letter to the employee indicating that despite numerous attempts to contact you via telephone regarding your leave and return to work, you have not responded or resumed your duties. Upon receiving this letter, it is imperative that you report back to work within 5 working days.
If after 10 days there is still no response from you, a second letter will be sent, reiterating the previous attempts to communicate with you and the lack of engagement or feedback from your end. It appears that you may no longer be interested in continuing your employment with our organization. Consequently, you are advised to visit the office to collect your Full and Final Settlement post the completion of your clearance procedures.
Kind regards
From India, Kumbakonam
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If after 10 days there is still no response from you, a second letter will be sent, reiterating the previous attempts to communicate with you and the lack of engagement or feedback from your end. It appears that you may no longer be interested in continuing your employment with our organization. Consequently, you are advised to visit the office to collect your Full and Final Settlement post the completion of your clearance procedures.
Kind regards
From India, Kumbakonam
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Can I use this start in a warning letter or make some changes to it?
Absconding from Duties
Please note that you have been absconding from duties since 19th July 2011 without any formal information. As per the management policy, you were expected to inform the management about your whereabouts in all circumstances.
From India
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Absconding from Duties
Please note that you have been absconding from duties since 19th July 2011 without any formal information. As per the management policy, you were expected to inform the management about your whereabouts in all circumstances.
From India
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Dear Itzarsh,
You can start like this:
Dear Mr. ________,
You were on leave from _____ to _______ (total ____ days) and have not resumed your duties from _____ date upon completion of leave, absenting yourself unauthorizedly for more than 2 months. The management views this seriously as you did not inform the authorities about your absence. Additionally, you have not attended the calls made by your in-charges or the HR Department. You are hereby instructed to resume your duties within 5 (if it is local then 2 days) working days upon receipt of this letter.
Yours faithfully,
For __________ Ltd
Then the second letter:
It is noted with great concern that you do not have any interest in resuming duties. Hence, you are requested to come and complete the clearance formalities and collect your Full and Final Settlement dues from the company on or after ______ date from 14:30 hrs to 17:00 hrs on any working day.
Yours faithfully,
Here you should not mention that you have terminated him from service. If an individual becomes Long Absent and Resigns, then he is not entitled to Notice Pay and Retrenchment Compensation. However, if you terminate him, you have to pay all the terminal benefits (i.e., Notice Pay, Retrenchment Compensation, Gratuity, Leave Pay).
Hope your doubts are cleared. All the best.
itzarsh;1623953: Can I use this start in a warning letter, or make some changes to it? Please be noted that you have been absconding from duties since 19th July 2011 without any formal information. As per the management policy, you were expected to inform the management about your whereabouts in all circumstances.
From India, Kumbakonam
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You can start like this:
Dear Mr. ________,
You were on leave from _____ to _______ (total ____ days) and have not resumed your duties from _____ date upon completion of leave, absenting yourself unauthorizedly for more than 2 months. The management views this seriously as you did not inform the authorities about your absence. Additionally, you have not attended the calls made by your in-charges or the HR Department. You are hereby instructed to resume your duties within 5 (if it is local then 2 days) working days upon receipt of this letter.
Yours faithfully,
For __________ Ltd
Then the second letter:
It is noted with great concern that you do not have any interest in resuming duties. Hence, you are requested to come and complete the clearance formalities and collect your Full and Final Settlement dues from the company on or after ______ date from 14:30 hrs to 17:00 hrs on any working day.
Yours faithfully,
Here you should not mention that you have terminated him from service. If an individual becomes Long Absent and Resigns, then he is not entitled to Notice Pay and Retrenchment Compensation. However, if you terminate him, you have to pay all the terminal benefits (i.e., Notice Pay, Retrenchment Compensation, Gratuity, Leave Pay).
Hope your doubts are cleared. All the best.
itzarsh;1623953: Can I use this start in a warning letter, or make some changes to it? Please be noted that you have been absconding from duties since 19th July 2011 without any formal information. As per the management policy, you were expected to inform the management about your whereabouts in all circumstances.
From India, Kumbakonam
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But sir when he did not aplied for leave and absent without any formal information. in that case how to make changes in this format. Please reply. thank for your previous reply.
From India
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From India
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Dear Itzarsh, you can start like this:
Termination Letter Format
Dear Mr. ________,
You have absconded without providing any information to your section in charge or the HR Department since ______, and have been absent without authorization for more than 2 months. The management views this matter seriously as you failed to inform the authorities about your absence. Furthermore, you have not responded to calls from your superiors or the HR Department.
"But sir, when he did not apply for leave and was absent without any formal notification, how should changes be made in this scenario? Please reply. Thank you for your previous response."
From India, Kumbakonam
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Termination Letter Format
Dear Mr. ________,
You have absconded without providing any information to your section in charge or the HR Department since ______, and have been absent without authorization for more than 2 months. The management views this matter seriously as you failed to inform the authorities about your absence. Furthermore, you have not responded to calls from your superiors or the HR Department.
"But sir, when he did not apply for leave and was absent without any formal notification, how should changes be made in this scenario? Please reply. Thank you for your previous response."
From India, Kumbakonam
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I am compelled to write a direct termination letter to an employee for his absence. I didn't send any warning letter to him. So, what should I do? I can't be disobedient to my unit head. Kindly tell me how to write the letter without mentioning the warning or any related issue.
From India
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From India
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Termination Due to Absence
Dear [Recipient's Name],
You have been neglecting your duties since 27.10.2010 without providing any formal information, either verbally or in writing. We have attempted to establish contact by sending formal letters as outlined below:
Show Cause Letters Date:
I) 16th Dec, 2010
In the absence of any formal reply or information, it is assumed that you are no longer interested in continuing your services with our organization. Therefore, your employment with our organization is terminated with immediate effect. To complete the formal clearance process, we kindly request you to contact the HRM department promptly.
Thank you.
Regards
From India
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Dear [Recipient's Name],
You have been neglecting your duties since 27.10.2010 without providing any formal information, either verbally or in writing. We have attempted to establish contact by sending formal letters as outlined below:
Show Cause Letters Date:
I) 16th Dec, 2010
In the absence of any formal reply or information, it is assumed that you are no longer interested in continuing your services with our organization. Therefore, your employment with our organization is terminated with immediate effect. To complete the formal clearance process, we kindly request you to contact the HRM department promptly.
Thank you.
Regards
From India
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Handling Employee Desertion: A Strategic Approach
Nowadays, even if an employee approaches the court, he cannot justify his desertion. However, we must also adopt some set rules against erring employees. If you bypass the rules, the offender will become a hero, and you will be seen as a villain. So, never give such a chance to talk.
You can make a letter with a previous date, affix a 5 rupees stamp on a piece of paper, write his address on the paper, and get it acknowledged by the post office. This way, you can prove that you have sent some communication by a Certificate of Posting letter. If you can manage the sorting clerk at the nearest post office, he will help you get the stamp with an old date on the paper. Now, you can issue a termination letter after preparing the document to safeguard yourself.
I am enclosing a file that contains the judgment details of some cases which have been taken from the https://www.citehr.com/327298-changi...bour-laws.html thread. All the best.
Regards,
From India, Kumbakonam
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Nowadays, even if an employee approaches the court, he cannot justify his desertion. However, we must also adopt some set rules against erring employees. If you bypass the rules, the offender will become a hero, and you will be seen as a villain. So, never give such a chance to talk.
You can make a letter with a previous date, affix a 5 rupees stamp on a piece of paper, write his address on the paper, and get it acknowledged by the post office. This way, you can prove that you have sent some communication by a Certificate of Posting letter. If you can manage the sorting clerk at the nearest post office, he will help you get the stamp with an old date on the paper. Now, you can issue a termination letter after preparing the document to safeguard yourself.
I am enclosing a file that contains the judgment details of some cases which have been taken from the https://www.citehr.com/327298-changi...bour-laws.html thread. All the best.
Regards,
From India, Kumbakonam
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You did not state your company's policy on termination; however, you will need to quickly point it out to your manager if none exists. In the meantime, you can issue a query followed by a final warning if the reason given by the employee provides you with the slightest opportunity to do so. Just like the absent employee, management may sometimes act improperly.
Regards,
Dan
From Nigeria, Lagos
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Regards,
Dan
From Nigeria, Lagos
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Hope you mean terminate the services of some employees? Terminate employees means you intend to murder them Hope understood
From India, Tirupati
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From India, Tirupati
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First, you have to send a letter calling him back to report for duty. Serve the show-cause notice and call for his explanation. If his explanation is not suitable, conduct an inquiry giving him all fair opportunities in the inquiry. Based on the report and findings of the inquiry officer, you can initiate disciplinary action. If it is a first misconduct, you cannot impose severe punishment such as dismissal. The court under Section 11-A has powers to review and modify the orders. There are many judgments that have gone both in favor of management as well as workmen. The past record of the employee plays an important role in such decisions.
Inform your management about the consequences of hasty decisions.
Regards,
G.K. Manjunath, Sr. Manager-HR
From India, Bangalore
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Inform your management about the consequences of hasty decisions.
Regards,
G.K. Manjunath, Sr. Manager-HR
From India, Bangalore
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Understanding the Importance of Following Proper Termination Procedures
Try to understand why your unit head is so impatient to terminate employees without following the proper established procedures. Please explain to your unit head the concept of natural justice, specifically the "opportunity to be heard." Inform him that if an employee takes legal action and challenges the termination decision without notice in a court of law, the court may reinstate the worker due to procedural deficiencies, which are frowned upon by the law.
If your unit head still does not comprehend, escalate the matter to the HR/Legal department. If such departments are not available, document the situation to demonstrate later that you were not the one neglecting procedures. Send an email to your unit head explaining the aforementioned justifications and the legal implications involved before proceeding with the termination.
Warm regards,
Yogi
Student
Government Law College, Churchgate, Mumbai
[Phone Number Removed For Privacy Reasons]
From India, Thana
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Try to understand why your unit head is so impatient to terminate employees without following the proper established procedures. Please explain to your unit head the concept of natural justice, specifically the "opportunity to be heard." Inform him that if an employee takes legal action and challenges the termination decision without notice in a court of law, the court may reinstate the worker due to procedural deficiencies, which are frowned upon by the law.
If your unit head still does not comprehend, escalate the matter to the HR/Legal department. If such departments are not available, document the situation to demonstrate later that you were not the one neglecting procedures. Send an email to your unit head explaining the aforementioned justifications and the legal implications involved before proceeding with the termination.
Warm regards,
Yogi
Student
Government Law College, Churchgate, Mumbai
[Phone Number Removed For Privacy Reasons]
From India, Thana
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Notice of Unauthorized Absence
We note with concern that despite several verbal warnings given to you, you were again absent without prior approval since _________________. No more such unauthorized absence can be viewed leniently. Now, therefore, explain why you should not be dismissed from service or punished otherwise for such habitual absence from work, in accordance with the employment policies of the firm dated _________________.
You are further directed to explain your absence in writing and resume employment by ____________________ at the latest. I shall give you a personal hearing on ____________________ at my office, should you so desire. If you fail to submit your written explanation by ___________________ or do not appear before at the appointed date, action as deemed fit will be taken against you for such unauthorized absence.
Regards,
HR Personnel
From India, Vadodara
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We note with concern that despite several verbal warnings given to you, you were again absent without prior approval since _________________. No more such unauthorized absence can be viewed leniently. Now, therefore, explain why you should not be dismissed from service or punished otherwise for such habitual absence from work, in accordance with the employment policies of the firm dated _________________.
You are further directed to explain your absence in writing and resume employment by ____________________ at the latest. I shall give you a personal hearing on ____________________ at my office, should you so desire. If you fail to submit your written explanation by ___________________ or do not appear before at the appointed date, action as deemed fit will be taken against you for such unauthorized absence.
Regards,
HR Personnel
From India, Vadodara
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I think every organization should have a decentralization of powers to monitor the work, and it should be executed within the specified time frame. Ask for suggestions from the respective employee's team leader and take action on absconding employees. Moreover, nobody can survive without a salary for two months if they depend solely on one organization.
So, have you paid his salary for the two-month period? If not, he may have already resigned in his mind and could potentially have joined another organization.
What's your opinion, seniors?
From India, Hyderabad
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So, have you paid his salary for the two-month period? If not, he may have already resigned in his mind and could potentially have joined another organization.
What's your opinion, seniors?
From India, Hyderabad
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf