Employees should always transact with employer in writing under acknowledgment {leave sanctioning authority with a copy to Head-HR}and in case of seeking sick leave employee should submit leave application{ on paper if leave application format is not available at home}with medical certificate/Rx of the doctor advising rest, and write in the application that leave application format be supplied by redg. post only or the leave application shall be submitted on joining.
You have posted that:
---“ I intimated to my Team leader as told by the company hr.”
Which HR personnel {name , designation, address} you informed of your sickness? How did you inform the Team Leader?
Did you inform on phone? You should keep the bill having date, time, phone numbers etc, with you.
Now you may submit a carefully structured representation to good offices of your appointing authority, MD, CEO, Company Secretary that on dated……….you fell sick and doctor………..advised you bed rest for 7days and you promptly informed Mr/Ms…….designation dept…….address……….of your sickness, requirement for the leave for period of ……..days as advised by doctor, and leave application format, who stated that leave request stands noted and you were directed to speak to Mr/Ms………. Designation…… dept…….address……….and you promptly informed him/her who stated requirement for the leave for period of ……..days as advised by doctor, and leave application format, who stated that leave request stands noted and leave application shall be provided in office on joining duties after fitness by doctor and leave application mat be submitted in office.
On dated……….. you joined duties and submitted leave application and Rx of the doctor to Mr/Ms…. Designation…… dept…….address……….
-----“ When I joined again a week after they told me that they have terminated me giving the reason that I did not inform hr and because of this company got a loss of 5 lakh rupees.”
Did the company issue any letter/email to you declaring that you have absconded and ask you to submit your explanation? Did the company issue any termination letter to you?
You may mention in your representation that you were informed verbally by Mr/Ms…. Designation…… dept…….address……….that your services have been terminated and he /she declined to provide you any copy of any communication declaring you absconding and having been terminated, and refused to let you approach good offices in person to seek relief, and you were asked verbally to leave office and not to come to office . During these days Mr/Ms…… Designation…… dept…….address……….have been asking you not to come to office whenever you have contacted them.
Hence you are left with no other option to write to good offices to seek relief and let you continue you in your employment.
If you do not submit any representation in writing company may comfortably claim that you did not report and absconded. Company shall insert documents suitable to it in your personnel file and close the matter.
You may consult elders in the family, competent and experienced well wishers, lawyer/law firm and submit carefully drafted representation under acknowledgment.
---“ I was not provided the copy of bond the I signed at the time of joining.I was not awared of this condition. They mentally harassed me even I was not fully well on the day of rejoining.”
It is felt that 3 months notice of resignation might have been described in your appointment letter and no separate bond might have been signed by you. If you were in period of training/probation 3 months notice period is unreasonable.
As per SE Act no notice period may be applicable, in 3 months.
SE Act Delhi:30 Notice of Dissmissal.
You may mention that Mr/Ms…… Designation…… dept…….address……….stated that I have signed a bond however you do not remember as company took your signatures on load of documents on joining and you were granted no time and no opportunity to go thru these and seek consultation and company declined to provide certified copy of document being claimed as bond even on dated…..when you reported for joining, after sickness.
You may request good offices to allow you to examine your personnel file being maintained in HO.
The charge of abscondment {a misconduct although verbal} might be being levied to deny notice pay applicable to you in case of termination.
This might be the reason company is not supplying you anything in writing.
The company has realized that you are ill informed of your rights and is tactfully handling you to accept its version and do not approach any lawful authority.
--“The company told me your month salary will be given in two or three installments.When I told them to pay my full salary they threatened me to pay five lakh rupees”
Employee should always record such transactions {audio/visual.Mobile comes handy} and keep evidence.
It shall not be easy to prove that you caused loss due to your sickness.
Your earned wages is your right.
State of Karnataka has ended blanket exemption granted to IT companies from the provisions of standing orders. If you are in Karnataka you may look into model standing orders.
As per provisions of Industrial Employment Standing Orders Act company should provide FNF payment and Service Certificate on last day in office or within 2 days.
In a given situation employee can invoke the provisions of ID Act, IESO Act, Payment of Wages Act, SE Act as per explanation of employee under the provisions of these enactments or approach civil court. Designation alone does not decide that employee is a workman or not.
It shall be appropriate to approach a competent and experienced service lawyer/labor consultant with copies of all of your documents salary slips emails etc and give inputs in person and proceed under expert advice of your lawyer. Your lawyer shall evaluate the merits and may opine that you fall within the category of workman.
Company may yield to legal notice of your lawyer or you may have to agitate in the appropriate forum. Company may yield to your demands during conciliation proceedings in o/o ALC or the ALC shall issue reference to Labor Court.
The bone of contention seems to be FNF settlement and full salary immediately. If this is the only leftover part of the incidence you may apply your skills with HR and obtain FNF settlement and documents and close the matter here. Litigation can be stressful for some employees. Litigation takes time.
