Terminate employee without notice
Bhavesh Patel
(Querist) 02 September 2016
This query is : Resolved
I am a hr executive, management decides to terminate as employee not comes continues 3 days without any leave application. We have not mentioned the these rules appointment. can we terminate him agaist leave without leave application
or information. Please give guide as per law
Kumar Doab
(Expert) 02 September 2016
You have posted that:
"We have not mentioned the these rules appointment.'
If standing order ( Model/Certified) apply to this case/employee/establishment, relate .
Send a communication by registered post.
Rajendra K Goyal
(Expert) 02 September 2016
material facts missing from the query.
Discuss with some local expert in service matters.
Raj Kumar Makkad
(Expert) 05 September 2016
You being corporate employer should not avail this charity service of experts rather should obtain specific professional service.
Raj Kumar Makkad
(Expert) 05 September 2016
However, it I go to the merits of your query, find it lacking any substance as without serving show-cause notice, you cannot terminate any employee just on the ground of absence of 3 days which even do not form part of your service contract.
dr g balakrishnan
(Expert) 16 May 2017
termination without audi alteram partem principle violates natural justice so you can move a mandamus writ even if you r in private sector employee as art.226 is so wide in its application by the relevant high court of jurisdiction.
Kumar Doab
(Expert) 16 May 2017
The employer that issues appointment letter and go for certified standing orders do good for the establishment and employees too.
Thus the service conditions are clear on record, for employer and employee.
Kumar Doab
(Expert) 16 May 2017
Many state laws lay down issuance of appointment letter.
Agreed with Mr. Raj Kumar Makkad that 3days absence may not lead of losing lien on employment...................and The establishment should engage a very able local counsel of unshakable repute and integrity specializing in Labor/service matters.
