Appointment Clause Related To Unauthorized Absence

Hi! Greetings of the day. I have a query related to unauthorized absence.

If it is mentioned in the terms and conditions of the appointment letter and accepted by the employee that "if any employee is absent from his/her workplace for eight consecutive days without any notification to the employer, and the employer has made reasonable efforts to contact the employee, the appointment shall automatically terminate on the expiry of the eighth day without the need for a notice of termination of employment. The employee's name shall be struck off from the muster rolls of the company."

Whether the aforementioned terms and conditions of the appointment letter are valid in the eyes of the law.

Thank you,
Ramesh Kr. Dixit

Hi Mr. Ramesh,

If an employee accepts the terms and conditions in the appointment letter, those terms and conditions become legal and enforceable. Hence, if any party of the agreement violates the same, it leads to the termination of the agreement. Therefore, in your case, it's valid. However, I would suggest giving a fair hearing to your employee and understanding the reason behind why he/she didn't inform the employer about his/her absence. If the reason is reasonable and justifiable, then give him/her a chance. Otherwise, follow the terms and conditions in the agreement.

With Regards,

Mr. Thumbs Up

Termination without a fair hearing and due process will not be lawful. The question of what constitutes reasonable effort to contact an employee can be contested in a court of law - what is considered reasonable? Eight days of continuous absence without notifying the employer cannot justify termination without further procedural steps.

Ensure there is only one line break between paragraphs.

Hi Ramesh,

Yes, this is valid, as uninformed absence from work itself is not void. Moreover, as Mr. Kumaran said, if the employee had agreed to the terms by countersigning the appointment letter, then it is valid.