adjustment of EL and SL in my salary and resuming office
amresh choudhary
(Querist) 31 October 2008
This query is : Resolved
i am an employee of an insurance company, when i was unwell, i demand for the SL and EL, but they send me absconding letter one after other. When i wrote mail to HR dept. no reponse from HR. after resuming office they did not allow me to sign the attandance register. I have more thatn 50 EL and 10 SL in my account till date. Now send me full and final statement and make pressure to accept this. I have proff of each and everthing of my emails and resuming office and online attendance.
They had make my f & F while i was on duty and regularly attending the office and they make my f&F on basis that I was absconding from office.
Can you please help me out, what action can I take under the labour law.
Amrish Choudhary
Murali Krishna
(Expert) 31 October 2008
Any leave either medical or other leave normally required prior permission. If you are seriously ill, at least information about the same in writing should be sent with proof of your sickness.
Proof of sending e mail may not be accepted unless it is shown as one of the modes of service of notice in your office.
Further, it is not known what type of employee you are and your service contract and your period of service with the company.
amresh choudhary
(Querist) 01 November 2008
Dear Murali,
Thanks for your reply,
I am regular employee of an Insurance company since May 2006, I submitted my medical certificate to my Branch Manager when I resumed office after 35 days, but didnot accept it and did not allow me sing in the register. In the mean time they have sent me 3 absconding letter, In my company email is the main mode of information, we get all the information by email only, and they sent me final abscondign letter after resuming office. then they send me termination letter and F&F.
please give me legal help in these circumstances.
thanks in advance,
Amrish Choudhary
H. S. Thukral
(Expert) 01 November 2008
The management is not justified and lawful in taking the action against you. Your services so far have not been terminated legally or illegally and therefore full and final settlement has no meaning. The management has to take disciplinary proceedings against you if they want to terminate your services on account of absence from duty even if it is an unauthorised absence.
You write a letter to the magmt giving details which should specifically include that you have not abandoned the job and you were unwell during the period you could not attend duties which has been duly supported by a certificate of a RMP and after recovery you have been regularly reporting for duty and have not been allowed to join the same.
Preserve all records with respect to the communication between you and management.
Tell me the contents of the covering note wherein management has sent you F& F settlement.
If you are a workman under the ID Act then;
If the management, yet does not allow you to resume duties and if your company is not LIC but a private insurance company, file an application before the Labour Court for recovery of Wages under the Industrial Dispute Act. Also approach the Labour Office of your area with a complaint under unfair labour practices.
If your are not a workman under the ID Act and management does not allow to join the duty then;
file a civil suit for a declaration decree that you continue to be in employment and also for recovery of the outstanding wages.
I have also recd your PM which is now not being replied separately
amresh choudhary
(Querist) 01 November 2008
Thanks a lot Dear Harbhajan ji,
from the day one i had regularly write email to HR Manager, my immedidate reporting authority (Branch Manager) with a cc to State HR Manager, Zonal HR Manager and AVP HR and HR head sepertely giving them full details about my case but they donot reply but they just forward my mail to HR manager with a cc to me, who in turn did not bother to reply any one of my 18 mails on regular basis.
I am employee of Bajaj Allianz life insurance company limited since May 2006. they send me F&F by mail without covering letter. State HR, Zonal HR
make a call to me & pressurise to accept this while AVP & Head HR write mail to accept this, they said all is right done by state HR & Zonal HR manager.
can you please give me your email-id (as PM), so that i can send u scaned copy of my termination letter to you,
thanks in advance,
regards,
Amrish Choudhary
KODAKKAL SHIVAPRASAD
(Expert) 17 March 2009
as your company is private one, hence it is better to get relief at labour courts applicable in your area.
