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Employment Law/Termination of Employee

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Question
Hi,

Good afternoon,

Go t your email id on the website and would like to ask you a question with regards to termination of Employee.

Scenario: Employee went absconding while on probation hence management decided to terminate the employee for misconduct of behavior.

In this case should the company be liable for one month’s salary? Or should we pay only the number of days employee worked in the said month?

We have clearly mentioned in the Appointment letter that if under any circumstances the employee doesn’t fulfill the probation terms then we shall deduct any costs incurred from the employee during the final settlement.

Pls. advise.

Thanks & Regards,
Lydia Sequeira

Answer
Dear Lydia,

Hope you're doing fine.

You need to send an absconding notice immediately at the residence address of the employee through registered post. If you can send at-least three notices that would really safeguard you in future. Make it as a practice whenever any employee is absent for more than five days.

Only after these notice(s) being sent you can terminate this employee. As an employer you need to give an opportunity to the employee to express the reason of being absent from the job. As this is a case of probation and I am sure employee must not have worked for 240 days in a year therefore you need not pay notice pay to this employee in his full and final settlement of wages.

Warm regards,
Umesh Chaudhary
New Delhi, India

Employment Law

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Umesh Chaudhary

Expertise

Any question related to HR processes, legal compliance of labour ONLY in India

Experience

Over 12 years in the field of Human Resources, industrial relations, labour laws and administration

Publications
1. An article published in India Today on sexual harassment, 2. People challenges on How to retain talent http://milagrow.in/k-solutions/newsletters/interview/people-challenges-how-retain-talent 3. Management & Human Resource http://blog.globalbx.com/2009/01/04/management-human-resources/

Education/Credentials
MBA (HR), M.Phil (HR). I hold various accreditation in the area of Human Resources, Industrial Relations and Employment Laws. I strongly feel the more knowledge you share the more you'll get to learn. There is no age to learning therefore I stay abreast with new developments into HR and Labor Laws; I prefer to attend regular seminars, professional gathering, workshops and lectures. I am also associated with All India Management Association, National HRD Network (Delhi Chapter).

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