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| Hello! Seeking your guidance for the following situation: Is it possible to terminate an employee who has been absenting continuously for over a month on medical grounds. The employee has not resumed work even after the expiry of rest period mentioned by his doctor in the medical certificate sent by him by courier. The employee was neither hospitalized nor seriously ill to be away from work for so long. Please suggest what steps needs to be taken to terminate this employee. Thanks and Regards Ullal Yes you can, subject to the terms & condition mentioned in appointment letter or service conditions. If nothing has been mentioned or no policy is frammed, you can follow the following steps Send another letter by registered AD, asking him to join within 8days. If he failed to join, send him his legal dues calculated as per Sec.25F of I.D.Act. Send some office people to his place pay terminal benefits along with termination letter. N.B dont terminate him before paying terminal benefits, because there are many occasion where Supreme Court held that it should be paid at the time of termination. Now, the problem you may face is he can refuse the termination letter and will not sign the copy. Do one thing, go to his place give the terminal benefit first, telling that its the amount compamy giving towards his medical, take his sign on payment acceptance copy. Post the termination letter by registerd AD. Now even if he refused to accept the termination letter, it will be presumed that he knows the contents of the letter. Regrds Anirban jitendersyadav Contributing Member - Member Since: Sep 2008 Subject - Re: Termination on account of continued absenteeism Dear Anirban, As per the ESI Act no employee can be terminated on the Ground of Medical. Dear Nullal, plz ensure his medical fitness before issue the termination letter. If would found medically unfit & U terminate him, it would be critical for you. He can challange you in court. Rgds/Jitender Dear, You have not stated whether an employee is a worker or management staff as parameters for legal action differ . In any way , law does not permit straight termination whether written or not written in the appointent letter becuase principles of natural justice need to be applied . You have to give him an opportunity by way of SCN before proceeding further in the matter . Ground of sickness cannot lead to termination automatically in my views . Proper brief of the matter is necessary before further comments are offered . Regards, Bharat malikjs Contributing Member - Member Since: Oct 2008 Subject - Re: Termination on account of continued absenteeism dear i agree with mr bharat.you can not terminate someone service without giving him opportunity to explain himself.principal of natural justice has to be followed .complete disciplinary proccedings has to be adopted. tks j s malik rajanassociates Contributing Member - Member Since: Oct 2008 Subject - Re: Termination on account of continued absenteeism Dear The correct measure is to refer him to a Medical Board ,assess his fitness and if he is really sick continue his leave till he becomes fit, if he is fit as per the decison of the Medical Board ask him to join duty and if he does not take disciplinary action. With Regards V.Sounder Rajan VS Rajan Associates, Advocates & Notaries, No.27, Ist Floor, Singapore Plaza, No.164, Linghi Chetty Street, Chennai - 600 001. E-mail : Off : 044-42620864, 044-65874684, Mobile : 98401 42164.    
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