Absent

While posting such queries employee should post basic information! 

What is this establishment; Commercial, Industrial? 

What is its nature of business say; IT, ITeS? (Noted: IT Company) 

How many persons are employed in it?

Do standing orders (Model/Certified) apply to establishment and your designation? 

What was your designation and nature of duties? 

How many persons reported to you?  

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You were in which state? 

Since how many months you were working? 

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Are you a member of any IT/ITeS employee/s unions, Trade Unions?

Did employer issue and supply appointment letter, leave policy, service rules, conduct and discipline rules, Termination policy (cited by you), I.Card, salary slips, FnF statement, service ecertificate, Form16, PF a/c slips/ESIC card ( if applicable in your case), to you?

When was termination order issued to you? While you were admitted in hospital or after submission of medical certificate?

What is the reason of termination mentioned in it?

Do you have copy of termination policy (cited by you)?

Did company ask to submit Laptop in writing?

Did you explain the matter and request to reinstate in writing?

Did employer refuse in writing?

Is threat of police complaint in writing?

Did you refuse to return Laptop in writing?

Do you have copy of leave policy?

How many leaves of each category, are mentioned in it?

Originally posted by : Veera Pratap
	Hi Hi sir, I am working in a MNC, IT sector. I have been working for the past 5 years. My employment is terminated based on unauthorised absent and hence I received a termination letter to my personal email id stating that I am terminated due to absconding. Here, I wish to state that as I have exhausted all leaves, i have applied LOA for a period of one month citing domestic reasons. But the LOA is neither approved nor rejected rather kept as pending. Due to some urgency in my family issues, i can't avoid, hence i went off. However after 3 days, i was admitted in hospital due to my health issues for a period of 20 days. After relieving from the hospital, i have sent medical certificate to the company. During this period, company terminated me citing as absconding and hence sent a termination letter and subsequently my id was disabled. I kept on writing many letters through email to the management for the past 27 months, stating that no procedure was followed for my abscond and the company has violated the termination policy and hence the termination is illegal and thus i could not submit my laptop. The management turned deaf ear. How to solve my employment issue. I dont want to bring this matter to labour court nor is my wish. I am ready to submit my laptop provided i asked for reinstatement but the management refused. They even threatened me with police for collecting company laptop. But i refused to adher. Now, how to make the management to comply as my termination is illegal and unlawful. Can I get reinstatement with 27 months backup wages? If not 27 months backup wages along with up to date relieving order and experience certificate. Pls advise me. Thanks in advance. Hi sir, I am working in a MNC, IT sector. I have been working for the past 5 years. My employment is terminated based on unauthorised absent and hence I received a termination letter to my personal email id stating that I am terminated due to absconding. Here, I wish to state that as I have exhausted all leaves, i have applied LOA for a period of one month citing domestic reasons. But the LOA is neither approved nor rejected rather kept as pending. Due to some urgency in my family issues, i can't avoid, hence i went off. However after 3 days, i was admitted in hospital due to my health issues for a period of 20 days. After relieving from the hospital, i have sent medical certificate to the company. During this period, company terminated me citing as absconding and hence sent a termination letter and subsequently my id was disabled. I kept on writing many letters through email to the management for the past 27 months, stating that no procedure was followed for my abscond and the company has violated the termination policy and hence the termination is illegal and thus i could not submit my laptop. The management turned deaf ear. How to solve my employment issue. I dont want to bring this matter to labour court nor is my wish. I am ready to submit my laptop provided i asked for reinstatement but the management refused. They even threatened me with police for collecting company laptop. But i refused to adher. Now, how to make the management to comply as my termination is illegal and unlawful. Can I get reinstatement with 27 months backup wages? If not 27 months backup wages along with up to date relieving order and experience certificate. Pls advise me. Thanks in advance.

So far you have been unable to resolve the matter on your own or by your own skills or by reprsentations and you don't want to approach the authority to adjudicate the matter.

What is the opinion of your own counsel that has examined all docs/record of communications etc ?

Your counsel should have examined your nature of duties and opined which forum you can approach: labor Court or Civil Courts......................and what are the merits in your case!

Take help of elders of your family, employee's/trade union leaders to understand your matter.

Go thru:

Model Standing Orders:

9. Leave.—

 (2) A workman who desires to obtain leave of absence shall apply to the 12[employer or any other officer of the industrial establishment specified in this behalf by the employer], who shall issue orders on the application within a week of its submission or two days prior to the commencement of the leave applied for, whichever is earlier, provided that if the leave applied for is to commence on the date of the application or within three days thereof, the order shall be given on the same day. If the leave asked for is granted a leave pass shall be issued to the worker. If the leave is refused or postponed, the fact of such refusal or post postponement and the reasons there for shall be recorded in writing in a register to be maintained for the purpose, and if the worker so desires, a copy of the entry in the register shall be supplied to him. If the workman after proceeding on leave desires an extension thereof he shall apply to the 12[employer or the officer specified in this behalf by the employer] who shall send a written reply either granting or refusing extension of leave to the workman if his address is available and if such reply is likely to reach him before the expiry of the leave originally granted to him.

10. Casual leave.--A workman may be granted casual leave of absence with or without pay not exceeding 10 days in the aggregate in a calendar year. Such leave shall not be for more than three days at a time except in case of sickness. Such leave is intended to meet special circumstances which cannot be foreseen. Ordinarily, the previous permission of the head of the department in the establishment shall be obtained before such leave is taken, but when this is not possible, the head of the department shall, as soon as may be practicable, be informed in writing of the absence from and of the probable duration of such absence.

13. Termination of employment.--(1) For terminating employment of a permanent workmen, notice in writing shall be given either by the employer or the workmen - one month’s notice in the case of monthly-rated workmen and two weeks’ notice in the case of other workmen: one month’s or two week’s pay, as the case may be, may be paid in lieu of notice. (2) No temporary workman whether monthly-rated, weekly-rated or piece-rated and no probationer or badli shall be entitled to any notice or pay in lieu thereof if his services are terminated ,but the services of a temporary workman shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges of misconduct alleged against him in the manner prescribed in Paragraph 14. (3) Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.

14. Disciplinary action for misconduct.—

16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

17. Liability of 17[employer].--The 19[employer] of the establishment shall personally be held responsible for the proper and faithful observance of the standing orders.

Apparently your employer has built its case : on that you left without approved leave.

Your contention is that you had urgency...........................declinature of leave was not informed to you.

For urgency CL can be applied for.

As per your post, you had submitted leave application (LOP).

Before leaving HQ did you again inform urgency and that you are leaving for your native place/home?

For sickness, SL can be applied for, sickness can be informed, medical certificate can be submitted after discharge/declared fit to resume duty.

Did you inform admission in hospital due to sickness? Do you have evidence of it?

As per your post, you have submitted sick leave application with medical certificate. Do you have its copy/POD?

Relieving letter signifies employee has separated and there is nothing due towards employee.

Here you have company’s Laptop with you.You have not returned it.

Hope you have not used it w.e.f. date of termination and it is not damaged?

Apparently employer has not issued any FnF statement to you (mentioning earned wages, leave enashment, bonus, reimbursements, incentives, performance pay etc etc)?

In your case if termination is due to misconduct then company may not tender notice pay to you.

You have not abandoned your services.  But your employer terminated your services on that ground.  He did not follow to issue the notice before termination as mentioned in your appointment letter (assuming that there is one month/three month notice requirement is there from both sides).  If so, then the termination is illegal.  If you are workman you can approach the Labour Court, if you are not workman then you have to approach civil court.  If you are not interested to approach labour court / civil court to get justice, then we can do nothing.

Hope you are satisfied.