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Roop (software developer)     08 August 2012

Termination of employee from companies

 

Based on my absence from office for 4 days they terminated my job

 In my case I did not go to office for 4 days without communicating my Reporting Manager , When I came back to office my mail id and all other access were not working and when i requested to reset my password I came to know that I had been terminated from the job. I was shocked to know this.

Then I called up my HR Manager to enquire what happened. As soon as he picked the call, he started firing questions at me

1.       Where were you since last month we were trying to reach you your phone was switched off why you did not communicate to your reporting Manager? I started explaining him; he fired one more question why you did not reply to your mail? I tried to explain him before I answer he said Listen u are terminated from the Company you are no longer an employee.

2.       I called my Reporting Manager he also reacted in same manner i was in deep shock.

3.       Anyhow I communicated with my HR at there were no mails sent to me which i needed to answer or needed to reply which mails r u talking about I also want to see at least send me those mails on my personal mail id.

4.       Then he sent those mails started from 28th June, in the mails they mentioned that we are trying to reach u where are you, your phone is switched off work is suffering because of you. This is warning from HR that report to work till tomorrow consider this as first warning. On 29th they gave me 2nd Warning and on 3rd July in the morning they mailed me that you are terminated from the Job.

                                                       I was not in Office on 29th June [Friday], 2nd July [Monday] and 3rd July [Tuesday] and I did not communicated with my Reporting Manager also. I admit it’s my mistake.

 

But my point is in my offer letter it is clearly mention that company can terminate me if I remain absent from work for 7 days without informing my Reporting Manager which I am

Clearly aware of and I am serious about my Job and Carrier also. My point is how can they terminate me in 4 days and break the agreements which were there in Offer Letter.

They are not listing to me they are also not picking my calls they are not giving me any chance to justify myself. Whenever I call that where do I need to go whom to meet to save my job they just answer you are no longer an employee I want to get information on my Full and Final Settlements  or about my notice period they simply are saying what Notice Period you are not an employee. I am in deep trouble I really do not know what to do. I need your assistance in this case please help me out with valuable suggestions I can explain my case more clearly in a meeting.




Learning

 6 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     08 August 2012

Dear roop,

 

I have gone through the contents posted by you. you need to act fast as the company might take up your replacement.

 

You need to send the legal notce to the company  through an advocate. so that company will come to know that you are serious about your job and rights.

 

You may call on 9324538481 for legal assistance.

 

Regards,

Advocate Rohit Dalmia

Mumbai

V. VASUDEVAN (LEGAL COUNSEL)     08 August 2012

The termination in your case is unlawful and against the principles of natural justice. Please write to the CEO/HR DIrector of the Company, asking them revoke such order and permit you working. If no response received within 7 days

approach the local Labour Inspector  personally.

Vasudevan

Kumar Doab (FIN)     08 August 2012

Mr. Dalmia and Mr. Vasudevan have given valuable advice. Kindly follow it.

Think of a reason for having not been able to inform and take your lawyers help. While you discuss with your lawyer do not conceal anything and follow your lawyer's advice. Your lawyer's Endeavour shall be to defend you.

Hope during these days there is nothing adverse which can be against you e.g. confinement.

If your absence is just oversight you may produce a copy of leave application. If you can apply your resources you may obtain acknowledgment on the copy from reception/desk where all mail is received by company.

These maverick HR personnel; have arranged to get a termination order passed on 6th day. If these guys work so efficiently and effectively then probably they shall do well for the company, employees, society and nation.

Find out other incidences where these guys and company maintained studied silence, caused delay , defaulted on their duty/responsibility and were procrastinating………

They have declared you absconding as per their own explanation and are denying even settlement. They have bluntly declined to grant even an opportunity to explain.

Obtain standing orders of the company and SE act applicable to your state. The action of the company might be against the standing orders. Confirm if Industrial Employment standing orders are applicable to this company. If there are no standing orders model standing orders should apply.

Request in writing under acknowledgment the good offices of your appointing authority, MD,CEO, Company Secretary to allow you to let you examine your personnel file. The inspector under SE Act can  inspect the records and ask to produce the records.

Your lawyer should be in a position to get you relief.

Employee should remain vigilant and should not commit blunders.

vijay (sr. engg)     08 August 2012

         Can you help me dig out labor laws applicable for IT/MNC for forced termination. Need an employee to know his/her rights against Termination of service/ being asked to go. And the compensation that he/she can seek incase of grounds provided are insufficient or a fake case can be made to ensure departure . On what grounds can he/she approach labor court incase the termination is unjust and forced.

       Can someone attach the laws specific to IT industry towards which the employee can seek help from a court of law, and serve notice to the Organization for forced termination.

 

vijay

Kumar Doab (FIN)     08 August 2012

The SE Act is applicable to IT industry. Certain states have formed ITES policy and have granted exemptions from some of the provisions of SE Act to run these companies 24x7.Certain states have exempted IT industry from the provisions of Industrial Employment standing orders act and now due to protests further extension from these exemptions may come to an end e.g. in Karnataka.

Forced resignation {termination as you term it } can be deemed as termination. The affected employee should immediately withdraw the resignation obtained under force, pressure, coercion by email, telagramme, redg. post and report the matter to police and ALC. Employee should record such incidences audio/visual and keep some witness/evidence. Employee may have to prove the forced resignation.

Employee should obtain the copy of standing orders of the company, HR policy, and employee rule book immediately upon joining a company. Employees should become member of an effective trade union, try and form IC’s, and communities and help each other and if need arises be the witness to each other to defeat the unscrupulous employers.

Tactics usually applied by unscrupulous employer is to declare the employee absconding, claim losses incurred by company, sharing of trade secrets, copying policies strategies of the company, taking away promotional material, designs etc

Affected employee should proceed under expert advice of a competent and experienced service lawyer/labor consultant.

 


Attached File : 344459323 labour%20laws%20compliance.doc, 344459323 karntaka now applicability%20of%20standing%20order%20to%20it%20industries.doc, 344459323 tamilnadu ictpolicy2008.pdf downloaded: 353 times

Kumar Doab (FIN)     08 August 2012

ITES West Bangal is attached.

You may access the SE act,ICt,ITES policy from labor website or from market, and relate.


Attached File : 344459323 west bengal itespolicy.pdf, 344459323 karnataka shops and commercial establishment act.pdf, 344459323 tamilnadu%20shops%20and%20establishment%20act%201947.pdf downloaded: 246 times

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