you need to refer to your Code of Conduct and Staff Rules handed to you along with your appointment letter when you join.
Usually one does not state the reason in termination letter other than non performance, which of course in other words is absenteeism in your case.
In this it will also state a notice period, which both parties have to follow.
From India, Mumbai
Usually one does not state the reason in termination letter other than non performance, which of course in other words is absenteeism in your case.
In this it will also state a notice period, which both parties have to follow.
From India, Mumbai
The terminology used "Staff" is vague and it needs clarification. Absenteeism is to be seen in three different levels: (i) Long-unathorised absence (ii) Intermittent and habitual absence, where the number of days of absence on any one occassion does not exceed a few days (iii) absence leading to the conclusion that someone has abandoned his job with the company. In all cases, summary dismissal is neither warrented nor supported in law. Employer has to give a reasonable opportunity to the erring employee to give an explanation in writing - which has to be dealt according to the merits of each situation. For the class of employees who would be treated as "Workmen", the provisions of charge sheeting, domestic enquiry, findings etc., should precede award of punishment and if Standing Orders are applicable, the proceseses as laid down in the Standing Orders must be strictly adhered to, if one wants to make it foolproof in terms of a potential challenge. However, if the employee is not a workman, then the Terms of employment as stated in the contract of employment would take precedence. Even if the contract includes summary dismissal provisions for certain misconduct, it would be better to seek an explanation through a Show-cause notice. Even a mere telegram conveying intent is adequate. If any explanation is received at all, then an enquiry could be conducted depending on the terms of contract and evidence recorded as part of the procedings. Finally, the order of dismissal can be passed if needed. If an employee does not show up for enquiry or to give an explanation, make a couple of more efforts on the record to show that you have tried to reach him and give him extension of time for submission of explanation on suo motto basis. If all efforts fail, have an exparte enquiry and then deliver the punishment. Remember, punishment must be proportionate to the misconduct. In a L&T Komatsu versus on of its employees, an employee who had been dismissed on account of habitual absence, has been upheld as valid by the Hon'ble Supreme Court. There are several similar decisions. Courts are not inclined these days to let go the habitual absentee free of punishment. However, give reasonable and fair opportunity.
EIRVALSA
From India, Madras
7EIRVALSA
From India, Madras
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