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Victor Singh (Butler)     01 June 2012

Please guide me

I am victor singh working for ITC Maurya hotel as a butler since 22nd June 2010. I am a permanent employee of the above organization.I am writing this mail to you as I don't have much knowledge about our labour law.I had gone for my medical leaves from 14th Feb 2012 for my surgery of chronic osteomyelitis at AIIMS,Delhi. My surgery was not successful and I am due for my second surgery.After 2 months of my first surgery I started getting calls from my department to report as my manager sent a mail to my HOD that there wasn't any updates from my side even after he read my mail 2 days ago(on 2nd April 2012).I got a call from my colleague that my HOD had sent a mail to the HR asking them to take corrective actions.I then mailed them that I would report from 1st May 2012 to my manager,HOD and HR Head.However no one replied back.Then I reported on 1st May 2012.My manager was on 2 day leave.I met him on 4th.He asked me to submit my documents to the HR,However I was not able to do so because I was doig night shift from 1st till 13th May 2012.On 14th I was doing morning shift so Imet the hotel doctor who then adviced me that I am still unfit for duty.Then I was asked by HR to again go for leaves.But now I havent got my salary for 15 days of work, the HR dept. is saying that the wont give me my salary as I did not provide them the fitness.If this was the case then why did my department rostered me.Why didn't the restrict at the first place,why did it took them 15 days to take an action.No one works for free, they didn't even consider my present medical situation.Please guide me sir.



Learning

 1 Replies

Kumar Doab (FIN)     03 June 2012

It is felt that you may convince your reporting authority, HR in person, and clear the matter. You may mention that you were perturbed as your HOD had asked the HR to take corrective action.  You may maintain that you had kept your boss informed vide your email dated……..and dated……If the need be you may mention that your email was seen and received by him on dated...........(as per the mail certificate if you have it).You have to adhere to the documents which you have already submitted to the company. If you apprehend any foul play you may submit the minutes of discussion covering all points.

You may obtain medical certificate for being unfit to join duties for the entire period and may mention that you were asked to report on dated………..and you reported to company office on dated…..and you were rostered to work and you worked. Salary should be paid. In future submit proper medical certificate to avail or extend the leave, and keep the company informed. Employers usually mention in appointment letter that contract can be terminated in case of prolonged absence including sickness. The reporting authority has to act if the reportee does not report with proper documents.


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