Employer fired my bro for taking 2 days leave

Without valid offer letter u can not be employee of that organization.

Give a reply to the termination letter disputing the said termination and requesting the managment to reinstate you. However, it is advisable that you take help of a labour lawyer to draft the letter, if possible. 

The termination letter itself is sufficient for employer-employee relationship. 

Do you have copy of leave application its acknowledgment/POD, proof of intimation of leave, declinature of leave,declinature to let employee join, perfromance record etc etc..............?

Do you have attendance record, salary slips?

Did employer ever supply any memo,stinkers, show cause notice, appraisals etc ?

 

The termination order is stigmatic and can affect future of employee.

If it is on allegations that have no truth in it it should be contested and called back.

 

Approach a very able counsel specializing in Labor/Service matters.

The IT/ITeS employees unions and Greivance Redressal commitee in Karnataka can also help.

 

 

 

 

He intimated through my phone as we were traveling during the time and his phone was not having network... but initially the leave applied through email and declined... since it is a small company don't have any systematic leave submission system. They had attendance system but removed later sometime. They never given salary slip. . After we asking also no response... No notice formally given but only once they have told orally that taking leave affect your employment. But in my view those leaves are very necessary for an employee... One incident i wanna share here... one day my bro not well and he said leaving home at 7 PM. But manager asked him to take tablet and stay here... finally my bro said no, they took him to hospital and asked him to stay after that... finally he denied and came home.

The state of Karnataka has IT/ITeS employees unions and also

Grievance Redressal Cell

Set up  by notification of State Govt.

Karnataka shops & Estbs Act; 6A; provides for appointment letter.

Go thru section on leave and sick leave.

Sick leave is usually not declined.

The language on leave states’ entitled for………………………’

 

If you are unable to handle entrust to your own very able counsel specializing in Labor /Service matters.

I must say that if you want to proceed legally and claim your rights, then there is no scope of verbal communication. There are specific laws related to employer-employee relationship (appointment/ termination/ transfer/ salary/ working hours & conditions/ statutory benefits/ leave etc) and it is binding on everyone. 

You should give a reply to your letter/ verbal order of termination as per your case. But giving reply in writing under proper acknowledgment is very crucial and it should be done at the earliest.

He may cover everything that you have posted including but not limited to leave intimation (again by phone:: phone numbers/date/time etc ) and verbal termination......................preferably thru a very able counsel.