Termination laws

he ground of continuous leaves can be a ground for terminating an employee but it is not
a substitute to disciplinary proceedings. you have to deal with the situation with cool
head and patience

in my opinion please follow the following steps.

1. without wasting any time issue him warning letters saying that you are unauthorisingly
absenting yourself and you are advised to report to duty with a proper explanition of your
absence. give him a weeks time. and if he does not turns up after that.

2. issue him another show cause notice citing the relevant extract of the employee
hadbook or standing order which deals with continuous absence also mention that
absence of such kind hampers the smooth functioning of the organization and another
opportunity is been given to him to explain his absence. if he turns up or dosn't turns up.

3. if he doesn't turns up issue him a chargesheet and post it through Reg AD and speed
post and keep the receipts of the same very safe those will help you a lot. chargesheet
must discribe the period of unauthorised absence and it should also say that the
explanition has not been received. after that initiate the departmental enquiry.

4. if he turns up, ask him to submit the proof of his absence and get his leaves regularize
with a written explanation. then issue him a chargesheet saying that his explanation was
not satisfactory and chargesheet must discribe the period of unauthorised absence. after
that initiate the departmental enquiry.

Source: http://www.citehr.com/289102-termination-laws.html

Action will be taken under the disciplinary procedure in cases of:

• Misconduct, for example: lateness or unauthorized absence.

• Poor work performance, for example: not doing work diligently or to the best of the
employee’s ability, not keeping proper records.

• Gross misconduct, for example: dishonesty, physical or verbal abuse of staff or

volunteers, drunk at work.

2. Procedures for a) Misconduct, b) Poor Work Performance

1. If an employee fails to meet the required standard of conduct, or work performance, or

is incapable of carrying out duties, the following procedure will be followed
i. Verbal Warning - A verbal warning by the Departmental Heads will be the first stage in
the procedure. This will set out steps that need to be taken to improve the employee’s
behavior or work performance together with any training to be provided and a date for
review. A note of the warning will be retained on the employee’s personnel file.

ii. Written Warning - If an employee fails to reach the required standard after a verbal
warning, within the agreed time-scale, the next stage is: a written warning from the HR
Head stating that “unless conduct or work performance improves in accordance with
agreed criteria within the required time scale, a final warning and termination from the
job could result”. A copy of the warning will be kept in the employee’s personal file.

iii. Final Warning – If the required standard of conduct or performance is still not
achieved a final written warning that “the termination from the job will result if there is
no improvement within the required time scale”, will be issued by the HR Head. A copy
of the warning will be kept in the employee’s personal file.

iv. Termination from the Job - Employees will be terminated from their job after due
notice has been given if, despite adequate warning according to the procedure above,
their conduct or work performance does not meet the required standard. The decision for
Termination may only be taken by the Top Management.

2. The system of warnings is intended to ensure that the employee understands the nature
of the complaint and time to improve their conduct or performance to the required
standard is given.

3. Examples of misconduct which would be dealt with under this procedure are:
unsatisfactory time-keeping, unsatisfactory attendance at work, unsatisfactory
performance standards, misuse of Company property or premises, verbal abuse, refusal to
comply with any reasonable request, unauthorized absence from work, misrepresenting
Company, whilst representing Company, acting in an inappropriate manner.

3. Procedures for Gross Misconduct

1. Gross misconduct consists of conduct which is a fundamental breach of the

relationship of trust and confidence between the employer and employee. Gross
misconduct includes very serious breaches of discipline such as theft, fraud, falsification
of records, unauthorized use of equipment, assault, fighting, grossly impaired
responsibility or non performance due to alcohol or misuse of drugs, harassment or
discrimination.

2. In cases of gross misconduct (if established) an employee will be terminated without

warning and without payment in lieu of notice. The same is already specified in the
Appointment letter of the employee.

Source: http://www.citehr.com/289102-termination-laws.html
Termination due to getting into Unions
Hi uzma,

You cannot. This point is challengable in the court. This is against the Collective
bargaining. As per the Factories Act, this is not applicable. Actually, union is a pat of
collective bargaining.
http://www.citehr.com/289796-termination-due-getting-into-unions.html