Dear Seniors,
One of our employee absent more than 10 days without any intimation to superior , we have sent a letter to his permanent address, but no reply, then the employer can hold the salary and one more thing if that employee come back after 30 days then he is entitled to pending salary.
Thanks
Cp Singh
From India, Noida
9One of our employee absent more than 10 days without any intimation to superior , we have sent a letter to his permanent address, but no reply, then the employer can hold the salary and one more thing if that employee come back after 30 days then he is entitled to pending salary.
Thanks
Cp Singh
From India, Noida
Dear APARNA,
Straight termination of employment on the ground of unauthorised absence or absconding, without holding a domestic enquiry or affording a reasonable opportunity to the delinquent employee tantamounts to retrechment, even though it is thus provided in the appointment orders or service regulations of the establishment. Any retrenchment thus effected without complying with the provisions of Sec.25F of the Industrial Disputes Act,1947 is illegal. At the same time termination on disciplinary grounds is not retrenchment. Therefore, unauthorized absence or absconding is a misconduct which can be punished only after following the procedural disciplinary action. Pl. refer the judgment of the Supreme Court in DCM Ltd., v Shambunath Mukharjee (1978.LLJ) for further details.
From India, Salem
Straight termination of employment on the ground of unauthorised absence or absconding, without holding a domestic enquiry or affording a reasonable opportunity to the delinquent employee tantamounts to retrechment, even though it is thus provided in the appointment orders or service regulations of the establishment. Any retrenchment thus effected without complying with the provisions of Sec.25F of the Industrial Disputes Act,1947 is illegal. At the same time termination on disciplinary grounds is not retrenchment. Therefore, unauthorized absence or absconding is a misconduct which can be punished only after following the procedural disciplinary action. Pl. refer the judgment of the Supreme Court in DCM Ltd., v Shambunath Mukharjee (1978.LLJ) for further details.
From India, Salem
At first, send the absenting employee a show cause notice to be replied within a specific period. Also make sure, if he is not seriously ill or have not met with any accident. However, if the management on his reply is not satisfied, take disciplinary action as per the provisions of CSO, if any exists, otherwise, terminate him after giving cogent reason for termination.
From India, Delhi
From India, Delhi
Find answers from people who have previously dealt with business and work issues similar to yours - Please Register and Log In to CiteHR and post your query.
Employee Termination during covid 19.pdf
Employee Appraisal Form new.doc