Manish Kumar Gupta (Deputy Legal Manager) 08 March 2011

Long Absentism and Termination

Dear All,

One of our employee took leaves from his Reporting officer for a month. After completion of the month that employee neither joined his services nor communicated with the company in that regard/reasons. As per our company procedure we have already given him 3 notices for long absentism.

Now we want to ask you that Can we terminate that employee for that cause, and If yes, Is he will be liable for the salary of that one month,in which he was on leave, As per his commitments he had to join his services, but he did not..

Plese suggest..

Thanks..

Manish

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2 Replies

Kirti Kar Tripathi (lawyer) 09 March 2011

If you want to terminate services of that employee thus you have to follow entire process of taking disciplinary proceedings, i.e. issue of charge sheet by asking explanation, holding of domestic enquiry, if found guilty, issue of show cause notice thereafter final order. You can not directly terminate services. The judgment of Apex Court in re Scooter India Versus Mohd. Yakoob is very clear in this regard.

VIMAL MEHTA (NA) 08 May 2014

law in india is in the hands of rich people and big advocates. a company terminates a emplyee whether write or wrong. the employee can not get justice because rich company can hire big liar and can dragg on the issue for centuries. same is happening with me. what an employee can do. all bakwas. from 23 years i am hankering for justice. my name also will be written in judgement as decease. law can not give justice. there are loopholes in the system which is exploited by rich people/advocates.

thanks