What is this MNC: a Commercial or Industrial Establishment?
The lady was probationer or a confirmed employee?
Service conditions are stated in standing orders of the company, appointment letter/contract of employment.
If standing orders are applicable and extended to the designation of the employee the service conditions stated in standing orders can not be negated in appointment letter.
If standing orders are applicable but certified standing orders are not framed model standing orders should apply.
3 months notice period during probation period may be termed unreasonable.
Model Standing Orders: 13. Termination of employment
(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
If the company is a commercial establishment the SE act of the state may be referred to.
e.g. SE Act Delhi:
30. NOTICE OF DISMISSAL:
(1) No employer shall dispense with the services of an employee who has been in his continuous employment for not less than three months, without giving such person at least one month’s notice in writing or wages in lieu of such notice:
(2) No employee who has put in three months’ continuous service shall terminate his
employment unless he has given to his employer a notice of at least one month, in writing.
(Implying for service less than 3 month’s notice period/pay should not be applicable.)
IESO Act, Model Standing Orders, SE Act may be available at the Dept. of Labor website of the state or the latest version can be bought from the market.
The contract of employment issued to the lady may be carefully looked into.
Is it stated that employment can be terminated in case of prolonged absence from duty including due to sickness.
If the manager was leave sanctioning authority and did not agree for sanctioning the leave for …….days due to hospitalization and sickness, and asked to stop coming to office the lady may quote it and claim salary and allowances for the period she has worked but was not paid.
It is not mandatory to report sickness or apply for leave by email. Employee can inform by post, telegramme, fax too.
You may read between the lines and suggest the suitable soloution to the lady.
The lady can also approach a competent and experienced labor consultant/service lawyer and submit a reply to the company
