I have a query regarding employee termination in the case of a no-show, no-call. If an employee is a no-show, no-call for three consecutive days, what would be the process to initiate the termination process? Also, in the scenario where this employee returns before the termination and requests to resign, can the company still terminate the employee?
Please suggest. Thanks!
From India, Lucknow
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Please suggest. Thanks!
From India, Lucknow
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One should follow the principles of natural justice before inflicting dismissal on anyone. The person should be afforded the proper opportunity of being heard. Send them notices for unauthorized absence, directing them to report for duty and invite a written explanation for the unauthorized absence. If they are not responding to your absence notices, issue a show cause notice giving references to the clauses of their appointment letter and service rules applicable to your organization. Conduct a domestic inquiry and then take a final call based on the findings of the inquiry officer.
Regards,
From India, Gurgaon
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40Regards,
From India, Gurgaon
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Firstly, try to contact the candidate using the information furnished by the employee at the time of joining - personal file (i.e., might be his residence, reference, etc.). If there is no proper response, you can send the letter through registered post after 4 days. Likewise, two letters have to be sent, seeking an explanation as Ms. Approva stated above.
If there are no responses, then we can go ahead with issuing the termination letter.
Considerations for Resignation Acceptance
In case the employee comes to the organization and gives his resignation with the requisite explanation, then it's better to accept his resignation after careful thought on the following issues:
- Are there outstanding projects to be completed or ongoing tasks to assign to another employee?
- Who should take over the ongoing tasks?
- Who will inform affected employees about the reassignments? How and when will this happen?
- How much time is needed to transition responsibilities?
- Will the employee be relieved of his/her duties immediately or will they continue in their role? For how long?
- Do any current duties need to be shifted to accommodate employees who are taking on additional work?
Regards,
Sunil
From India, Bangalore
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If there are no responses, then we can go ahead with issuing the termination letter.
Considerations for Resignation Acceptance
In case the employee comes to the organization and gives his resignation with the requisite explanation, then it's better to accept his resignation after careful thought on the following issues:
- Are there outstanding projects to be completed or ongoing tasks to assign to another employee?
- Who should take over the ongoing tasks?
- Who will inform affected employees about the reassignments? How and when will this happen?
- How much time is needed to transition responsibilities?
- Will the employee be relieved of his/her duties immediately or will they continue in their role? For how long?
- Do any current duties need to be shifted to accommodate employees who are taking on additional work?
Regards,
Sunil
From India, Bangalore
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Is this process of termination after 3 days of no call, no show a part of the company policy? Is it clearly disclosed in your standing orders or other terms of employment documents to the employees? If not, then you cannot legally dismiss him for just 3 days of absence. If you have disclosed the policy to the employees, then yes, you can initiate disciplinary action, which may result in termination.
However, if the employee has returned and submitted his resignation, why are you still insistent on termination? Why not accept his resignation with immediate effect and resolve the matter?
Thank you.
From India, Mumbai
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However, if the employee has returned and submitted his resignation, why are you still insistent on termination? Why not accept his resignation with immediate effect and resolve the matter?
Thank you.
From India, Mumbai
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Dear Nody, Disciplinary action should be based on the Principle of Natural Justice. That is, no man shall be the judge in his own cause, and an opportunity should be provided for being heard. Termination for three days of unauthorized absence from duty (no call, no show) will not be viewed as logical and appropriate in the eyes of the law. Under such circumstances, the delinquent employee will return to your establishment with an order of reinstatement from the court. Mr. Saswat Banerjee is correct; when an employee is willing to submit his resignation, why are you still insisting on terminating him? The court will likely perceive it as a prejudiced move.
Logically, you can issue him a show-cause notice via registered post and through UPC, giving him 72 hours to reply from the receipt of the show-cause notice. Based on his reply, you can then issue a warning letter. It's important to note that a warning letter is also a form of punishment. However, in your situation, proceeding with the termination process is an absolute "No." This action may be challenged under Section 2A of the ID Act, regardless of whether the termination order was issued after misconduct was proven through a fair and proper inquiry.
I would suggest that you consider the easier course of action, which is accepting his resignation and relieving him.
Regards, Rakesh Pd Srivastav
From India, Gurgaon
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Logically, you can issue him a show-cause notice via registered post and through UPC, giving him 72 hours to reply from the receipt of the show-cause notice. Based on his reply, you can then issue a warning letter. It's important to note that a warning letter is also a form of punishment. However, in your situation, proceeding with the termination process is an absolute "No." This action may be challenged under Section 2A of the ID Act, regardless of whether the termination order was issued after misconduct was proven through a fair and proper inquiry.
I would suggest that you consider the easier course of action, which is accepting his resignation and relieving him.
Regards, Rakesh Pd Srivastav
From India, Gurgaon
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Employee Termination: No-Show, No-Call
In my experience, it all boils down to how badly you need that employee and what is at stake due to their absence or abandoning the job. If you need the person, you should pursue them until you and your company are secure. From an HR perspective, we would always first try all means to establish contact and resolve the situation.
However, if you are better off without them, simply allow a 90 consecutive days' absence and terminate them with a registered A/D letter. In such a case, notice, inquiry, etc., are not needed. In fact, if you correspond, then all this would be unavoidable. You also have to follow a process of settlement, but please consult your lawyer before you do this.
Regards,
Kalpana Iyer
From India, Pune
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In my experience, it all boils down to how badly you need that employee and what is at stake due to their absence or abandoning the job. If you need the person, you should pursue them until you and your company are secure. From an HR perspective, we would always first try all means to establish contact and resolve the situation.
However, if you are better off without them, simply allow a 90 consecutive days' absence and terminate them with a registered A/D letter. In such a case, notice, inquiry, etc., are not needed. In fact, if you correspond, then all this would be unavoidable. You also have to follow a process of settlement, but please consult your lawyer before you do this.
Regards,
Kalpana Iyer
From India, Pune
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It looks like I am late to reply; Nody must have taken the decision or action under pressure from higher management. But when I was reading the question, I thought of a situation where an employee is involved in an accident and is in a severe condition, somehow unable to inform the company. How can a company expect him to inform them when HR itself is not keen to know the situation of the employee?
I am really not bothered about his or her productivity. I also did not like the comment "to take immediate action and terminate him." After all, he is not indulged in sexual harassment or gross financial wrongdoing and, at last, has not done any criminal activity.
Natural Justice and HR Practices
Apoorava is 100% correct in mentioning natural justice, which itself explains the procedure. I mean, how can such dictatorship be followed, where we, HR professionals, are more keen to issue termination letters rather than coming to a logical conclusion?
Also, those organizations that take arbitrary action and have such policies should be ready to be scrutinized by the labor court.
Regards,
Rupendra Chahar
From India, Gurgaon
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I am really not bothered about his or her productivity. I also did not like the comment "to take immediate action and terminate him." After all, he is not indulged in sexual harassment or gross financial wrongdoing and, at last, has not done any criminal activity.
Natural Justice and HR Practices
Apoorava is 100% correct in mentioning natural justice, which itself explains the procedure. I mean, how can such dictatorship be followed, where we, HR professionals, are more keen to issue termination letters rather than coming to a logical conclusion?
Also, those organizations that take arbitrary action and have such policies should be ready to be scrutinized by the labor court.
Regards,
Rupendra Chahar
From India, Gurgaon
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Factors Considered in Termination Cases
When deciding a termination case, the court always looks at the following factors:
- **Retrenchment:** If it is retrenchment, then whether compensation at 15 days' wages for each completed year of service, notice, or notice pay is provided.
- **Termination as Punishment:** Whether a domestic enquiry is conducted. If not conducted, the court may issue a stay order for such illegal termination.
Hence, I state that any termination (except retrenchment) of a workman's services without following the domestic enquiry procedure as outlined in the standing orders will be deemed illegal, and the Labour court may issue a stay order for the same.
Termination vs. Resignation
Regarding termination, I believe it is a temporary resolution of a disputable issue. The workman may file a case in such instances. On the other hand, accepting resignation signifies a permanent resolution of the disputable issue. Again, the workman may file a case.
You have to decide which option you want to follow.
Regards,
SDP
From India, Kolhapur
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When deciding a termination case, the court always looks at the following factors:
- **Retrenchment:** If it is retrenchment, then whether compensation at 15 days' wages for each completed year of service, notice, or notice pay is provided.
- **Termination as Punishment:** Whether a domestic enquiry is conducted. If not conducted, the court may issue a stay order for such illegal termination.
Hence, I state that any termination (except retrenchment) of a workman's services without following the domestic enquiry procedure as outlined in the standing orders will be deemed illegal, and the Labour court may issue a stay order for the same.
Termination vs. Resignation
Regarding termination, I believe it is a temporary resolution of a disputable issue. The workman may file a case in such instances. On the other hand, accepting resignation signifies a permanent resolution of the disputable issue. Again, the workman may file a case.
You have to decide which option you want to follow.
Regards,
SDP
From India, Kolhapur
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