Termination of employee
s venkata ramana
(Querist) 27 November 2013
This query is : Resolved
Good morning!
is it is possible to terminate the employee from his service by an employer, if the employee gone for long absenteeism without informing to the company. According to the standings orders of the company it is mentioned that he/ She for continuous absent up to 10 days without any information to the company will be issued warning letter against the employee. if in case not having proper response form the employee . He / She can be removed from his service . Automatically with any intimation to the employee . in this case the employee have service with the organisation is more than 2 years . .
here my questions is
Q) What are the chances to employee to fight against the employer .
Q) is it is necessary to pay any compensation to the employee by the employer due his sudden removal from his service .
Q) What should the employer do , if he get any notice from the employee ?
Q) is it is necessary to approach to labour tribunal court for such incident?
I need your valuable feed suggestions on this .
Thanking you ...............
S.V.Ramana
Devajyoti Barman
(Expert) 27 November 2013
Refer to your job contract. The problem even if you have merit in this issue, only civil remedy in civil court lies which would be so time taking that it is not advisable to do so.
It is better for you to go for negotiation and settlement.
Ms.Nirmala P.Rao
(Expert) 27 November 2013
During probation employer has right to remove/terminate you for your long absenteeism without prior permission of your employers etc in accordance with service contract. If you've completed probation and if the termination smacks smacks of Malafides, Arbitrariness etc You can challenge your termination etc in labor court and pray for reinstatement, back wages or compensation etc after getting issued a due legal notice to your employers. If you wish to thank me for this reply please click the thank you button on my profile.
Sudhir Kumar, Advocate 
(Expert) 27 November 2013
I withhold to agree or disagree with view above.
First inform whether employer is Govt or not.
If it is not Govt what do the registered standing orders of the company say on this aspect
Rajendra K Goyal
(Expert) 27 November 2013
The removal is as per service rules, employee can not take benefit of his own wrong / fault. Amicable settlement is better.
s venkata ramana
(Querist) 28 November 2013
ya ! it is not Govt organisation , it an pvt ltd company.
Q) right now the employee have given notice through lawyer for his termination , in replay to that the employer have issue an charge sheet .
Q) What are the chances with the employer to tech a right lesson to the employee.
Q) is it possible to terminate him with out giving any compensation .
Devajyoti Barman
(Expert) 29 November 2013
yes it is possible if the charges are so proved.
Rajendra K Goyal
(Expert) 29 November 2013
Possible, Agree with the expert Devajyoti Barman ji.
