Sir. What is the procedure of termination of employment if the worker goes on a long leave without information in private company. Also any rulings or judgements of honorable court.
From India, Palwal
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From India, Palwal
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Is this his first act of indiscipline? If yes, issue a show cause notice asking him to submit his written explanation as to why disciplinary action should not be initiated against him. If no, give reference to previous advice memos, warning letters, etc., and issue a Charge sheet or Charge sheet-cum-Suspension order pending enquiry. Initiate the process of holding a domestic enquiry and, based on the enquiry report, suitable punishment may be awarded. As per Supreme Court ruling, such enquiries should be completed within six months.
Though the person is working in a private company (where straight away termination takes place nowadays), please follow the principle of natural justice and provide an opportunity to the delinquent employee for his explanation.
From India, Aizawl
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651Though the person is working in a private company (where straight away termination takes place nowadays), please follow the principle of natural justice and provide an opportunity to the delinquent employee for his explanation.
From India, Aizawl
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Dear member,
If the employee has proceeded on leave without due approval, then it is unauthorized absence. For his/her unauthorized absence, send a notice to his last known address. Scan the copy of the notice and send it by email also. If no response is received, then send one more notice. If still no response is received, then order the domestic inquiry. Send him a letter to depose before the Inquiry Officer on a specified date. If the employee does not depose, then order one more inquiry and follow the same procedure. If still the employee does not turn up, then you may take an ex parte decision and terminate the services of the employee.
Create one exclusive file for such an employee. Preserve all the records carefully.
You may find that the procedure given above is boring and interminable too. However, to protect the interest of your company, you will have to follow the above procedure. The procedure involves the cost of sending letters by post, etc. However, if the employee were to go to court challenging the decision, then the cost of litigation will be huge. Compared with that, the cost of postage and stationery is far lesser.
There are 'n' number of rulings by the courts since India became independent. Many times the courts have overturned the termination of the employee since due process of law or principles of natural justice were not followed. However, if the proper procedure is followed, then courts also do not intervene in the internal matters of the company.
Thanks,
Dinesh Divekar
From India, Bangalore
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If the employee has proceeded on leave without due approval, then it is unauthorized absence. For his/her unauthorized absence, send a notice to his last known address. Scan the copy of the notice and send it by email also. If no response is received, then send one more notice. If still no response is received, then order the domestic inquiry. Send him a letter to depose before the Inquiry Officer on a specified date. If the employee does not depose, then order one more inquiry and follow the same procedure. If still the employee does not turn up, then you may take an ex parte decision and terminate the services of the employee.
Create one exclusive file for such an employee. Preserve all the records carefully.
You may find that the procedure given above is boring and interminable too. However, to protect the interest of your company, you will have to follow the above procedure. The procedure involves the cost of sending letters by post, etc. However, if the employee were to go to court challenging the decision, then the cost of litigation will be huge. Compared with that, the cost of postage and stationery is far lesser.
There are 'n' number of rulings by the courts since India became independent. Many times the courts have overturned the termination of the employee since due process of law or principles of natural justice were not followed. However, if the proper procedure is followed, then courts also do not intervene in the internal matters of the company.
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear friend,
Unauthorized absence without any intimation is misconduct by an employee. When he remains incommunicado, it would be treated as abscondence or abandonment of the job.
In such a situation, the employer should officially ask him to report for duty immediately with an explanation for the unauthorized absence. The communication should be sent by registered post to his last known address. If there is no response, charges should be framed as per the standing orders of the company. A domestic inquiry should be conducted, and based on the inquiry findings, the employer can terminate his services after issuing a second show-cause notice about the proposed punishment. If the employee remains incommunicado throughout the entire process of disciplinary proceedings, all communication should be done by publication in the vernacular newspapers.
For rulings, please search the web.
From India, Salem
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Unauthorized absence without any intimation is misconduct by an employee. When he remains incommunicado, it would be treated as abscondence or abandonment of the job.
In such a situation, the employer should officially ask him to report for duty immediately with an explanation for the unauthorized absence. The communication should be sent by registered post to his last known address. If there is no response, charges should be framed as per the standing orders of the company. A domestic inquiry should be conducted, and based on the inquiry findings, the employer can terminate his services after issuing a second show-cause notice about the proposed punishment. If the employee remains incommunicado throughout the entire process of disciplinary proceedings, all communication should be done by publication in the vernacular newspapers.
For rulings, please search the web.
From India, Salem
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DISCIPLINARY ACTIONS PROCEDURE.xls
Termination from Employment.pdf