pandeybn
3

if a person applied for leave for one month & it got sanction from management he again ask for extension of leave . my question is that after how much time we struck his/her name from muster roll
From India, New Delhi
Madhu.T.K
4193

Any employee who overstays leave shall be terminated but only after giving him opportunity to be heard. Therefore, termination shall not take place automatically after the expiry of any specified time. For this we have to send notice/ letter saying that the extension of leave is not approved and asking him to join duty immediately. If he does not reply, again you have to send another letter stating that you have been overstaying the leave and overstaying of leave is a misconduct and the management shall initiate disciplinary action against you and therefore should report to duty within 3/4/7 days failing which it would be construed that you are not interested to work with us and have abandoned the job. After sending that letter also you are not free to fire him but you have to wait for his reply and if no reply is received, then you can send a termination letter stating that the management has decided to terminate his services.Ifhe does not turn up even after this letter you can send a termination letter and close the issue. Please remember that all these letters should be sent by Registered Post with acknowledgement.

IF the employee has been in service for more than 5 years and is eligible for gratuity you should also mention in the termination letter that he should come and collect the gratuity amount within 30 days. Obviously, if he does not turn up and collect the amount, you have to deposit the amount with the Labour Dept.

Madhu.T.K

From India, Kannur
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