Preeti Wadhawan (CS & Legal Manager) 02 March 2009

Termiantion of service

Hi Friends,

I have a query with regard to termination of employee. An employee met with an accident and informed one of the colleagues verbally that he has met with an accident. No formal intimation was sent to the Company and he did not report to office for 5 months. He has now sent an e-mail to company asking for his salary till he served and is mentioning that he is still an employee of company. The company is ready to pay the salary upto the date he worked but is not willing to keep him employee after that date and pay him any other due.

On what grounds the company can do so?

Thanks for your reply.

Regards,

Preeti

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NANDKUMAR B. SAWANT., M.COM.LL.B.(MUMBAI),ADVOCATE

09271971251, 09325226691

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE QUESTION OF EMPLOYEE REMAINING ABSENT WITHOUT INFORMING, KINDLY NOTE THAT

1.THAT EMPLOYEE MUST INFORM THE EMPLOYER IN WRITING ABOUT THE ACCIDENT. BUT IT DEPENDS UP ON THE POLICY OF THE CO.

2. THAT THE CASE IS OF ABSENT WITHOUT LEAVE AND YOU CAN INITIATE DISCIPLINARY PROCEEDING , NOTICE, CHARGE SHEET AND ENQUIRY COMMITTEE, REPORT AND DISCIPLINARY ACTION.

IN CASE YOU NEED ANY FURTHER EXPLAINATION KINDLY SEND DETAILS.

THANKING YOU

WITH BEST REGARDS.

NANDKUMAR B. SAWANT., M.COM.LL.B.(MUMBAI), ADVOCATE

H. S. Thukral (Lawyer) 02 March 2009

If you want to terminate his services, you have to initiate disciplinary proceedings. Inference of abandonment of service can not be easily drawn and it is more difficult as the employee meanwhile has shown up. However overstaying on leave and absentism are serious misconducts and employer shall be justified in handing out extreme punishment of dismissal from service/ termination of service.