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Anonymous
With regards to termination cases of employees absconding from duty, what day is considered as the date of termination (last date of working or the date of the termination letter sent)? I need clarification on the following points:

1. Is the employer liable if an employee asks for any company benefits (e.g., Mediclaim, insurance, etc.) between the last date of working and the date of the termination?

2. Is it the organization's non-compliance with dual employment if an absconded employee joins another company before we terminate him from his current job responsibilities?

From India, Mumbai
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Termination Cases of Employees Absconding from Duty

With regards to termination cases of employees absconding from duty, what day is considered the date of termination (last date of working or date of termination letter sent)? Normally, in the case of termination, a specific date of termination is mentioned, which is typically the date from which the employee is absconding from his/her duties. If no date is mentioned in the termination letter, then the termination date will be the date of the letter.

Clarification Needed on Termination and Benefits

1. Is the employer liable if an employee asks for any company benefits (e.g., Mediclaim, insurance, etc.) between the last date of working and the date of termination? Once an employee is terminated after following all necessary formalities such as a show-cause letter, inquiry, and a charge sheet, the employee won't be able to claim these types of benefits.

Dual Employment and Organizational Compliance

2. Is it the organization's non-compliance for dual employment if an absconded employee joins another company before we terminate him from current job responsibilities? No, it is not considered non-compliance of the organization from where the employee is absconding. However, it is non-compliance if an employer hires an employee without properly completing formalities from the previous employer.


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