Hi every body,
I would like to know the relevant law applicable to the below query and the procedure.
One of the employee(Receptionist) was not attending the office from 29th April 2010 without giving any intimation. When tried to contact her,she is not answering the phone calls and sometimes switched off. Already a show notice is being issued on 31st May 2010 as to why a disciplinary action cannot be taken and if she doesn't reply by 08.06.10 ,services shall be terminated. There is no reply as on date.
As per the appointment letter ,either the employer or the employee has to give one month notice.
Now I would like to know the procedure if any for termination and more particularly the relevant law applicable /to be seen for termination.
Her CTC is 1,20,000 per annum Whether should I refer to labour law ?
Thanks in advance..
From India, Delhi
I would like to know the relevant law applicable to the below query and the procedure.
One of the employee(Receptionist) was not attending the office from 29th April 2010 without giving any intimation. When tried to contact her,she is not answering the phone calls and sometimes switched off. Already a show notice is being issued on 31st May 2010 as to why a disciplinary action cannot be taken and if she doesn't reply by 08.06.10 ,services shall be terminated. There is no reply as on date.
As per the appointment letter ,either the employer or the employee has to give one month notice.
Now I would like to know the procedure if any for termination and more particularly the relevant law applicable /to be seen for termination.
Her CTC is 1,20,000 per annum Whether should I refer to labour law ?
Thanks in advance..
From India, Delhi
3
1. If she works under workmen category she falls under certified stanidng orders of your company, if u donot have cso model standing would be applicable if your industrail staiding orders applicable to your organization.
2. If iso are not applicable then the terms and conditions depend upon the terms and conditions of appointment letter. In any case she has absconde from services without infomring you, it would be a misconudct, you can proceed as per companies policy for taking necessary action.
From United States
2. If iso are not applicable then the terms and conditions depend upon the terms and conditions of appointment letter. In any case she has absconde from services without infomring you, it would be a misconudct, you can proceed as per companies policy for taking necessary action.
From United States
You will not find all solutions under provisions of law. There is something called "smart management".
Call me on my mobile -09717726667 or contact me on my email -
Maybe I could give you some smart solutions.
Vasant Nair
From India, Mumbai
Call me on my mobile -09717726667 or contact me on my email -
Maybe I could give you some smart solutions.
Vasant Nair
From India, Mumbai
Hi,
Please check if you have any terms & condition of employment in the appointment letter and if it is there then you can follow that & terminate her. Generally companies put clauses in the letter itself to handle the issues. If not then is an show cause notice has been issued to her than why to worry; go ahead and do as it has been communicated to her.
Thanks
Barada
From India, Madras
Please check if you have any terms & condition of employment in the appointment letter and if it is there then you can follow that & terminate her. Generally companies put clauses in the letter itself to handle the issues. If not then is an show cause notice has been issued to her than why to worry; go ahead and do as it has been communicated to her.
Thanks
Barada
From India, Madras
You should have sent the Show Cause Notice to her by "Registered Post Acknowledgement Due" and you should have received the Acknowledgement Card duly signed by your Employee and not by anyone at her place. Or if the Show cause Notice served by you was not acknowledged by her and returned to you with the comment by the concerned Post Office, notified as per the action. You should not have sent it by Courier Service, because, Courier Service is not recognbised by the Court of Law.
If the employee has not responded on her mobile, you cannot take action and cannot make it an indicipline or violation, because it her personal property. Had it been given by your Company, then you are at your liberty to initiate action on violatiion of code of conduct. You should have a valid mobile phone policy, to that effect.
It is always a right procedure before terminating anemployee, you have to publish a Display Advertisement cautioning with the dire consequences. if she has not reported for duty, and it is construed that she has resigned on her own accord and no payments on any nature be made to her. But if she is an EPF Account Holder, please do not commit a mistake of with-holding her claim applications. If she joins any other organization, if covered by EPF, she has the right of transferring her accumulations to her new company.
Thererfore, handle the issue of termination with causing IR issues.
From India, Pune
If the employee has not responded on her mobile, you cannot take action and cannot make it an indicipline or violation, because it her personal property. Had it been given by your Company, then you are at your liberty to initiate action on violatiion of code of conduct. You should have a valid mobile phone policy, to that effect.
It is always a right procedure before terminating anemployee, you have to publish a Display Advertisement cautioning with the dire consequences. if she has not reported for duty, and it is construed that she has resigned on her own accord and no payments on any nature be made to her. But if she is an EPF Account Holder, please do not commit a mistake of with-holding her claim applications. If she joins any other organization, if covered by EPF, she has the right of transferring her accumulations to her new company.
Thererfore, handle the issue of termination with causing IR issues.
From India, Pune
Dear All,
Thank you very much for your nice suggestions. Relying on your valuable suggestions and my search, I am able to find out the answer. To my query she is covered under the definition of ' Workman' in the Industrial Disputes Act. The Act deals with the Retrenchment/Termination of the workman under certain circumstances but not when the Disciplinary action is to be taken. As Mr. Ravi(mravimtnl) has rightly said this amounts misconduct and also are bound by Standing Orders of the Company if any or the appointment letter if S.O are not there.
Regards,
Revatichan
From India, Delhi
Thank you very much for your nice suggestions. Relying on your valuable suggestions and my search, I am able to find out the answer. To my query she is covered under the definition of ' Workman' in the Industrial Disputes Act. The Act deals with the Retrenchment/Termination of the workman under certain circumstances but not when the Disciplinary action is to be taken. As Mr. Ravi(mravimtnl) has rightly said this amounts misconduct and also are bound by Standing Orders of the Company if any or the appointment letter if S.O are not there.
Regards,
Revatichan
From India, Delhi
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