send a notice to employee to report for work as he has remained absent for period of one month
2) if he does not report to office terminate his services
Absconding employee
One of our employees left from project site claiming ill health, without asking for sick leave. After 7-10, he sent an email claiming that he got typhoid due to poor working conditions at site and so the company should pay his medical bills. This was false as there is a team of 4 people working on the site and not to mention a running full-scale manufacturing facility on the same site with over 1000 employees for whom both housing, food and medical facilities are provided. Also there were no other cases of Typhoid reported on the site. So HR responded saying medical bills are not payable by company. He also claimed that his doctor had advised that he be on rest for 15-20 days and so we should allow him to work from home. He is Project Engineer who was hired to work on sites, so HR replied stating that given his job profile, work from home is not an option. Since then, there has been no communication from him for nearly a month and neither has he returned to work. Question - Can we terminate him without notice OR are we LEGALLY required to give him a notice BEFORE sending a termination letter?
Asked 10 months ago in Labour
7 Answers
If he has not reported to duty without proper excuse or permission for leave and if there is no communication from his side to explain his absence, then as per the conditions of the employment offer letter particularly about termination of employment you can initiate action to declare him as absconder and terminate his services as per the contract conditions.
My question was - Are we LEGALLY REQUIRED to send a notice before termination. We are aware that as a Process, we should send a notice. But in absence of any response from him to our email communication, are we STILL required to send him a notice BEFORE we terminate him.
Asked 10 months ago
you must send him notice by email and by post .
if there is no response terminate his services
Dear client, it is legally required to send a termination notice before the termination.
What is the term and condition of the Job contract?
You have to refer to its conditions before taking the decision.
It is a mandatory requirement to notify him about the likely action that would be initiated against him for his this type of attitude which will solve double purpose i.e., to defend your interests in the court of law for having notified him before taking any action against him and the second one is to give him an opportunity to be heard from his side.
Yes it’s better to send a notice through lawyer
