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
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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
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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
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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
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Dear Doll,
If your employee is a workman as defined in the ID Act 1947, and if he has completed 240 days, you can't terminate his services without conducting a fair and legal domestic inquiry (except for retrenchment). Regarding his 10-15 days of absence or sick leave, you have to conduct a domestic inquiry as mentioned above.
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
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If your employee is a workman as defined in the ID Act 1947, and if he has completed 240 days, you can't terminate his services without conducting a fair and legal domestic inquiry (except for retrenchment). Regarding his 10-15 days of absence or sick leave, you have to conduct a domestic inquiry as mentioned above.
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
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Hi, if employee is absent without information or and have not any communication regarding his/her sickness with Employer/Boss/ Senior HR for days, and then why not employee be treated as “absconded”. You say how employer knows about the situation and the reality; therefore, you can certainly take action but by following the “Termination Procedure”, which is a demand of these kind of situations /acts as per the terms and rules laid down under Employment Letter.
Generally, when any employee found absent from job without any information for many days, employer adopt a procedure which permit them to issue a warning latter to employee first to report back with a valid reason of the act/leave without information, and if employee never respond, they can terminate the employee as per the procedure and T&Cs
In this case, of “Termination” (violation of rules by employee, specified under the mutual agreement “Employment /Appointment/Joining Letter” signed by both parties; Employee & Employer), there no employee can claim salary for “Notice Period*” or it is not applicable.
However, if employer retrenches any employee due to any uncertain conditions/situation or related reason, compensate the loss of employment to employee by paying Notice Period* Salary.
* For more, you need to go through the terms & conditions you are using with appointment/joining letters in your organization.
From India, Gurgaon
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Generally, when any employee found absent from job without any information for many days, employer adopt a procedure which permit them to issue a warning latter to employee first to report back with a valid reason of the act/leave without information, and if employee never respond, they can terminate the employee as per the procedure and T&Cs
In this case, of “Termination” (violation of rules by employee, specified under the mutual agreement “Employment /Appointment/Joining Letter” signed by both parties; Employee & Employer), there no employee can claim salary for “Notice Period*” or it is not applicable.
However, if employer retrenches any employee due to any uncertain conditions/situation or related reason, compensate the loss of employment to employee by paying Notice Period* Salary.
* For more, you need to go through the terms & conditions you are using with appointment/joining letters in your organization.
From India, Gurgaon
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