Date of termination of services in final notice

Hi Trupti,

Before issuing termination letter better send one more letter indicating that we are in the plan of terminating you so that employee may voluntarily resign and get the relieving and experience letter as he might have some major issues. And you can mention date of future only. Please do not spoil his/her career life. Please wait for 10 days and if there is no show then you can issue termination letter.

You can ask office staff or office colleague to visit the last address of the employee or call him and persuade to contact you.

The employee may voluntarily resign.

Thanks for the information we have already sent two show cause notice letters earlier to long absent employee but no response have been received from the employee. Hence we want to send final show cause notice in which we wanted to mention the date of termination from services. 

From legal point of view, the date of termination to be mentioned in letter should be future date or the date the employee is absconding from.

Please advice in this regards.

Trupti

You waited till these days. Please kindly follow Kumar's advise. Please do not spoil his/her career. Please ask the employee's manager and ask anyone to visit the house, ask that employee to enquire neighbour house also if the door is locked. Unnecessarily employee will not abscond. Please do this way. Also aks the employee who visit his/her house the updates.If the employee shifted to somewhere then put his termination in all the locations of Hindu/Indian express newspaper.

dear Trupti,

Hope you have complied with the process of disciplinary action against the absenting employee and offered him an opportunity of defence.  Please ensure that the disciplinary process is completed in accordance with law and he has been sent the enquiry report.  The dismissal that will ensue will be prospective date and not retrospective date.

Thanks Mr.Sawant,

The 1st notice , 2nd notice is already sent but there is no communication from the employee hence were sending 3rd notice.

But to the great suprise my boss (Who is in Senior Management) has asked to mention the struck off date from the date the employee is absent from in final show cause notice.

I am not able to convience by boss on this. Can anyone help me with relevant information (Legally) and cases where the date of dismissal should be future date and not back dated.

Regards

Trupti

It is felt that If you have to sign the notice it shall be appropriate to ask your boss to put his comments on mail.

Onus of statement is on signatory.If there is a Manager-Legal in your company, you can obtain advice,and proceed.

dear madam

The termination cannot be backdated.  Secondly striking off the name from the register will amount to illegal termination without affording opportunity to workman hence the labour court can hold termination to be illegal.  The consequence of illegal termination is, that the full backwages are payable as and when the case is decided.  If your company is in Maharashtra, the MRTU and PULP Act will be applicable wherein the aggrieved workman can ask for interim relief of reinstatement  showing the illegality.  So completion of disciplinary process will be in your interest.