Questions & Answers
Can we terminate an employee who left the country without informing us?
Hello,
We have an employee (under probation) who left the country secretly thinking that we will never find out. He exited the country on March 14, 2023, and continued to work remotely.
On March 20 & 21 he took an emergency leave so I started investigating and requested an exit/entry report from immigration. On March 23, 2023, we temporarily disabled his email and other company accounts.
Yesterday (March 28), we finally received the immigration exit report which shows he exited on March 14, 2023.
The question is, is this grounds for termination with a cause?
Hi, you need to follow the terms and conditions of the labor contract & offer letter to avoid any liabilities, for the consultation you can contact the legal Coordinator-0506609870
Of course, you have the right to terminate him, he does not have the right to travel without the company's approval.
And it is better to call him at the company urgently due to the need for work.
Hi,
Yes surely. We can also file absconding as well.
Yes, according to article 44.8 of law number 33 of 2021.
Yes, it is grounds for termination.
If this violates the terms of the contract, it is a reason for termination.
But if he did not fail to work and a contract allows him to work remotely from anywhere, it is not a reason for termination.
And the fact that the employee is under probation, the company has the right to terminate it at any time during the probationary period.
