Termination Of Staff Not Attending Duty - DOC Download

Dear Sir,
We have appointed an Engineer in May'13 with terms and condition for six month probation but from Sep'13, he is not attening his duty. We have received answer fromhim that he will not want to continue his job but still he has not put resign.
So, In this case what i have to take action should i continue as an employee?? If yes, until when??
If No, What is procedure of termination??
I have not make any type of written communication with him.
This is for your kind information.
Best regards,
Parimal
28th October 2013 From India, Ahmadabad

Dear Parimal,
No need to continue him as an employee in case of unauthorised absence
Send him a absconding letter from your legal adviser and ask to him come back to work from so and so date..
If you didn't get any res[poses, send him a termination letter that you have been terminated from our employment for so and so reasons.
Please find the copy of Absconding letter.
28th October 2013 From India, Bangalore

Attached Files (Download Requires Membership)

absconding letter.doc (25.5 KB, 11517 views)

It apperas that you have already sent communications to him calling up on him to resume duty as obseved from your statement that you have recieved his reply expressing his unwillingness to contnue with the job. You can now send a final notice referring to your previous communications as well as his letter of unwillingness, intimating him that he has voluntarily abandoned the job and treat him as such since then.If you have incorporated any claus eto this effect in the appointment letter. you can refer to the said clause in the final notice to him of abandonment of job.
B.saiumar
HR & Lab.Law advisor

28th October 2013 From India, Mumbai

I do not envisage any legal issue with regard to severance of job if you have given him opportunity to resume duty and explain his absence and he by himself expressed his unwillingness to continue. However you need also to complete his full and final settlement process proeprly.
B.Saikumar

29th October 2013 From India, Mumbai

I do not envisage any legal issue with regard to severance of job if you have given him opportunity to resume duty and explain his absence and he by himself expressed his unwillingness to continue. However you need also to complete his full and final settlement process properly.
B.Saikumar

29th October 2013 From India, Mumbai

In case of staff I think there is no problem with the above stated process. But in the case of workmen copy is to be marked to labour office.
31st October 2013 From India, Gurgaon

Dear Parimal,
I agree with others, as he is on probation i do not think there will be any legal complications, moreover, unauthorized absence during probation period without information normally leads to immediate discontinuation of service. Send a notice to report to duty and ask for a written explanation for his absence. Wait till the deadline ends, then you are free to terminate him
Regards
Dolphy
1st November 2013 From India, Madras

Hello sir,
mujhe ek mail type karna '' humari company k kuch employee company k laptop le kar bhaag gye hai ab mujhe unko Absconding letter dena hai but mujhe uch samjh nhi aa rha hai unko kya kya mail likhu please help me
25th October 2018 From India, Noida

Hello friends, The SC decided a case of a purported 'termination' of an employee 'abandoning' her employment under the ID Act. Attached judgment of the SC will throw some light on such instances.
4th December 2018 From India, Bangalore

Attached Files (Download Requires Membership)

Retrenchment u.Sec.25 of ID Act-SC judgment.pdf (407.7 KB, 252 views)