Hi ! greeting of the day.... I have a query related to unauthorized absence.
If it is mentioned in terms and condition of appointment letter and accepted by the employee, that "if any employees is absenting from his/her workplace for eight consecutive days without any notification to employer, and employer has made reasonable efforts to contact the employee, the appointment shall automatically terminate on the expiry of eight day without the need for notice of termination of employment. The employee name shall be stuck off from the muster rolls of the Company.
Whether, the aforesaid terms and condition of appointment letter is valid in eye of law.
Thanks You
Ramesh Kr. Dixit
From India, Mumbai
1If it is mentioned in terms and condition of appointment letter and accepted by the employee, that "if any employees is absenting from his/her workplace for eight consecutive days without any notification to employer, and employer has made reasonable efforts to contact the employee, the appointment shall automatically terminate on the expiry of eight day without the need for notice of termination of employment. The employee name shall be stuck off from the muster rolls of the Company.
Whether, the aforesaid terms and condition of appointment letter is valid in eye of law.
Thanks You
Ramesh Kr. Dixit
From India, Mumbai
Hi Mr.Ramesh,
If employee accepted the terms and conditions in the appointment letter than such terms and condition become legal and enforceable hence any party of the agreement violates the same it leads to termination of agreement.
Therefore in your case its valid however I would suggest give a fair hearing to your employee and know the reason behind why he/she didn't informed the employer about his/her absence, if the reason is reasonable & justifiable than give him/her a chance or else follow the terms and conditions in agreement.
With Regards
Mr.Thumbs Up
From India, Chennai
If employee accepted the terms and conditions in the appointment letter than such terms and condition become legal and enforceable hence any party of the agreement violates the same it leads to termination of agreement.
Therefore in your case its valid however I would suggest give a fair hearing to your employee and know the reason behind why he/she didn't informed the employer about his/her absence, if the reason is reasonable & justifiable than give him/her a chance or else follow the terms and conditions in agreement.
With Regards
Mr.Thumbs Up
From India, Chennai
Termination without fair hearing and due process will not be good in law.
The words reasonable effort to contact employee can be agitated in a court of law-what is reasonable?
8 days continuous absence without notification to employer cannot end up in termination without further processes.
From India, Pune
The words reasonable effort to contact employee can be agitated in a court of law-what is reasonable?
8 days continuous absence without notification to employer cannot end up in termination without further processes.
From India, Pune
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.
Appointment letter-format.d oc
Non-compete clause in service contracts.pdf