Filling a case for termination with proper information
Shine
(Querist) 21 January 2016
This query is : Resolved
I had been working in a BPO based in Gurgoan. I had been on leaves due to illness and informed my immediate supervisor whenever possible. However, I had been terminated from the services despite of keeping them informed. The HR dept. says that they had no information about my leaves and they are refusing to provide any written docs - no relieving letter, no experience letter, no termination letter, no salary, let alone taking me back in the company. The HR dept., is utterly unhelpful and unsupportive in this situation. What should I do in case if I have to proceed legally? Your suggestion are highly appreciated.
Kumar Doab
(Expert) 21 January 2016
You could have sent atleast an email!
Has the company supplied you the salary and salary slip for the days worked?
Did you record all such calls vide which you have informed of leave and company has conveyed that you are terminated and nothing shall be communicated in writing and no service related document shall be supplied to you?
It shall be appropriate if all communications are drafted by your elders in the family/employee's-trade union leaders/labor law consultant etc........and a favorable written record is built.
If you have not been terminated in writing then you may claim that you are still in employment.
First of all you may write under proper acknowledgment to good offices of appointing authority,MD,Chairman etc that you were sick and you have informed sickness on dated..............by phone call/SMS/email etc to Mr/Ms.................and that no leave application form/format was supplied to you.............and Dr. Rx/lab reports/Medical Certificate etc.............is attached...............and that on dated.............you were asked by Mr/Ms...........to talk to HR personnel i.e. Mr/Ms...........and Mr/Ms..........stated verbally to you that................................."had been terminated from the services despite of keeping them informed. The HR dept. says that they had no information about my leaves and they are refusing to provide any written docs - no relieving letter, no experience letter, no termination letter, no salary, let alone taking me back in the company." etc ...........etc.........and request to withdraw the verbal order of termination and let you perform your services and duties by a written communication............at your address.............(local/permanent)...............and/or by email..............within next...............days.
You may add that you have rendered unblemished services and no show cause notice/charge sheet has ever been issued to you and mention about appreciations/awards/rewards/incentives etc received by you.
If the good offices also do not provide relief......................then you may approach:
Employee's-BPO employee's-trade union leaders
Inspector appointed under: Punjab Shops and Estbs Act (Haryana follows it)
O/o Labor commissioner
Guest
(Expert) 21 January 2016
There is a difference between a layman's interpretation of an event as compared to a service law expert. So, you may better show case related documents to Shri Kumar Doab for proper analysis and advice.
Rajendra K Goyal
(Expert) 22 January 2016
Agree with the advice from expert Kumar Doab.
Shine
(Querist) 22 January 2016
Thank you so much for your help, Mr. Kumar Doab. Much appreciated.
Adv. Yogen Kakade
(Expert) 22 January 2016
Mr. Deob.. good effort to answer the query..
Mr. Shine.. kindly send all the details of the case to know the exact facts.
Kumar Doab
(Expert) 22 January 2016
Learned Senior Expert Shri P.S.Dhingra is from Delhi.
It shall be convenient for you to seek appointment and meet.
Shri P.S.Dhingra can examine your employment related documents and help you to build favorable written record and resolve the matter.
Kumar Doab
(Expert) 22 January 2016
@ Shine,
Your coming back and posting the thanks is appreciated.
The Line managers/HR personnel in your establishment has started the game.
It is always better to lean on able counsel specializing in labor-service matters and counter the employer.
Shri P.S.Dhingra is a thorough gentleman and a very capable counsel on service matters.
You can benefit from his expertise.
K.S.Srinivas
(Expert) 01 February 2016
I go with the experts.
