Absenteesm

prem chandy (Querist) 16 February 2015 This query is : Resolved
sir there is a labour who has been with me for the last 15 yrs or so...off late I take for the past 1yr he is very irregular some times he comes for 1week then he takes off he turns up next month at the time of salary takes salary again turns the other month for the salary his avge attendence is 3-4days a month...and each time he comes its with a Dr.certificate thathe was sick.
His main aim is that I should expel him so that he will demand the gratuity and leave...but i do not have any PF nos nor any other but I deposit them in the bank account .My total work force is around 9.
Now I heard that he got admitted to subdivisonal hosp for three days so as to make his claim that he was sick.But he was off duty from 20 days ago...what should I do can I retrench him...If I do it do I have to compensate him..?

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Guest (Expert) 16 February 2015
Your organisation may not fall within the purview of the Payment of Gratuity Act, if ten or more persons are not employed, or were employed, on any day of the preceding twelve months.

Howevr, his termination depends upon the terms of his employment or in the absence of appointment order, as per the provisions of the Shops & Establishment Act of the State concerned in which your organisation is located.

Rajendra K Goyal (Expert) 17 February 2015
Agree with the expert PS Dhingra ji.

ajay sethi (Expert) 17 February 2015
agree with dhingraji

T. Kalaiselvan, Advocate (Expert) 19 February 2015
Agreed, you may proceed as per the terms of employment to initiate appropriate action.

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