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Pushpendra (Senior Software Developer)     25 November 2012

Case against it comapany for illegal termination v

 

 

I was offered a role of Sr Software Developer in a company with a 11 Lac CTC . Within 3 months I was Illegally Terminated without giving any reason . 

 

They called me and mail me on my personal ID that I have been relievd from the company and I'll get the earned salary till date as well as 15 days notice period. but next day they mailed me that that last mail was clarical mistake and I have been terminated from the company as per the 5.2 clause.

 

Now they have paid the salary but they did not pay the 15 day's notice period and when I have called they denied to pay me that.

I have asked the reason on written they did not provinding me in written so please help me out what i'll do in this situation.

 

They also not provide me the full and final settlement and all the releaving doucment till date.

 

Two month already passed. I have also send the mail and also send the hand written notice but still not get any response from there.Initially they said they will pay and talk to the manager but now they are denyingme.

 

Please help me out.

 

Thanks in advance.



 3 Replies

Raja (XYZ)     25 November 2012

Take legal action. Send notice immediately.

Contact me if require for any assistance.

Good luck.

BANERJEE

98306-46207

Rahul (Business Analyst)     26 November 2012

Hi ,

I am Rahul Dubey reside in Gurgaon working in MNC , i am on medical leave from last 1month 20 days , provided medical certificate too but the HR saying that i will be terminated if in case i not joined on there given date , i am getting warning mails of termination on every day . What should i can do in tht ? any legal can be taken in this regard"

Kumar Doab (FIN)     27 November 2012

@ Rahul,

Obtain a proper medical certificate, lab reports, diagnostic reports e.g. X-ray/Ultrasound/TMT etc as ordered in your case by your doctor, from your doctor and submit leave application with copy of medical certificate under acknowledgment preferably by redg. post.

If your sickness demands bed rest and your need for leave is also genuine, you must reply in writing by a letter thru redg. post  addressed to good offices of your appointing authority, MD, CEO, Chairman, Company Secretary with a copy to Head-HR, that your leave may be sanctioned and if company wants it may appoint its specialist doctor to examine you, at your location. If your doctor has indicated that you may be able to resume duty in another ….days you may verbally inform your reporting authority/HOD and record the call and keep record of call with bill.

In certain situations emails be avoided. Usually only a few selected officials of the company are empowered to use letterhead and sign on it. While even a junior HR executives can send emails. Letter thru redg. post can be a better option.  

Company might have mentioned in clause of termination that your services can be terminated in case of prolonged absence due to sickness.

You may also apply your resources and arrange to be examined by doctor in Civil Hospital, Medical College which ever is available at your location and obtain Rx/bed rest from specialist doctor /Civil Surgeon/CMO. If you are not well and away from your home town/parents and you want to shift you may do so only under information to good offices of your company and arrange to supply your address. You may submit your leave application, medical certificate from your native town.

Termination during sickness may prove to be a bad order for the company and courts may not accept it.

Threat of termination during sickness is bad conduct and bad practice. If you are covered by group mediclaim policy you may inform the mediclaim helpdesk of the company and insurance company and submit initial bills for payment.

Even if your designation is “Associate System Analyst” it does not necessarily mean that you do not fall within the category of a workman. Designation alone does not decide employee is a workman or not. You may approach an experienced and competent labor consultant/service lawyer and show your appointment letter, and explain your nature of duties and your lawyer may opine that fall within the category of a workman.

IT companies are within the purview of SE act. SE Act Haryana is enclosed.

2.  DEFINITIONS.-

(xv)             “leave” means leave provided for in Section 14;

22. NOTICE OF REMOVAL.-

 

 


Attached File : 589839267 haryana the punjab shops and commercial establishments act and rules.pdf downloaded: 84 times

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