termination of my employment
Querist :
Anonymous
(Querist) 06 June 2010
This query is : Resolved
Dear Sir,In December my boss sent me on tour while returning from tour i got an accident. I got a fracture in my elbow. for that i have to got for operation and i took two month rest for post operation recovery and physiotherapy. My organization didn't pay salary for that period.after joining i submitted my bills to hr department.The organization didn't pay me any claim, any reimbursement and any payment for the period when i was on rest for post operation recovery...after that my organization transfered me another place. I did my job there. Now I needed another operation to remove steel accessories fitted in my elbow.On 1st June,2010 , I applied for leave for the same operation by email. At the same day my senior asked me verbal to hand over the document which i was having.i gave them all documents. for next four day i was not assigned any job..On morning of 4th June I was asked by mail to go to HR department.I meet HR on 5th June.2010. My HR manager asked me that we don't need you please don't come from tomorrow to the office. he didn't gave me any thing in written..........Now what should i do?? i have three issue........my medical reimbursement......my salary for the rest period( 2 month) due to medically unfit. My termination.....please help me.......
mahendrakumar
(Expert) 06 June 2010
these are some of the common symptoms of MNC culture.
with regards to the medical reimbursement,since it occured while returning from official tour,you are eligibile for all the expenses and the leave pay in that connection,even if there is no medical reimbursement scheme in your company.
regarding termination,what does your employment letter says regarding notice pay?
you are entitled to get the notice pay. You can demand that orally first.
if they had decided to sack,one way or otherwise they will do it.
you can file a civil suit for all the above dues.
still i suggest you to talk to them so that things are settled amicably and let there be no scar on your future carrier.
Querist :
Anonymous
(Querist) 06 June 2010
I am working with a NGO.......My HR manager said me that we don't come under workman compensation act. One more thing as the company has asked to not come to job from tomorrow.....But i have go under operation in this month am i also entitled for reimbursement of that that medical expenses also...i more thin i want to ask am i also entitled for compensation for disability due to this accident........not my elbow dont function properly.......
R.R. KRISHNAA
(Expert) 06 June 2010
Dear anonymous,
The accident has occured during the course of your employment and hence you are entitled to seek compensation from your organization irrespective of the fact whether there are any terms/clauses in the employment agreement to seek compensation. In view of the above the termination of your services is also wrong on the part of the organization. First you send a legal notice seeking compensation + salary for the months which you were under medical treatment + reinstatement.
Best regards.,
Querist :
Anonymous
(Querist) 06 June 2010
should i go to joint commissioner labor for workman compensation. Is my case entitled under workman compensation act??????
Querist :
Anonymous
(Querist) 06 June 2010
does my case come under workman compensation act..........
mahendrakumar
(Expert) 06 June 2010
initially follow actions suggested by Mr.Krishna,if other conciliation talk fails.
B K Raghavendra Rao
(Expert) 06 June 2010
You could be advised properly if you spell out in which company you are working. When you say NGO, it is now known whether it is a charitable trust or association.
Querist :
Anonymous
(Querist) 07 June 2010
it is registeredunder the Mumbai PublicTrust Act,1950, Registrataion No e-13255 @ FCRA Registration no 125620002.
Querist :
Anonymous
(Querist) 07 June 2010
Name is M.R.Morarka-GDC Rural Reserach foundation
B K Raghavendra Rao
(Expert) 08 June 2010
It is a trust. You do not come under Industrial Disputes Act. You may claim from accident insurance. When you are unfit the Trust is at liberty to terminate your services. But it has to pay you salary for termination period. You may not get salary for rest period. Trusts do not have profit motive and hence difficult to fight for rest period.
Querist :
Anonymous
(Querist) 08 June 2010
Sir that is fine but I am medically unfit due to on duty accident.
Querist :
Anonymous
(Querist) 08 June 2010
Sir I got accident on duty. I am seeking medical expenses. I was medically unfit due to this accident. Does it comes under Workman Compensation act??????
Querist :
Anonymous
(Querist) 08 June 2010
But sir they are doing commercial activities under the name of Morarka Organic Food Pvt Limited, by the name same employee when ever they need they change the STAMP. The designations are same........ They are following a lot of irregularities.
