Mr. Dalmia has given valuable advice. Kindly follow it.
You have posted that:
--“My father was hospitalised on 17th feb 2012 on 11 AM and i informed Mr. Manish (Operations Head-Axis Bank,Gurgaon sec-14) about it and told him to allow me to go home but on that day when my father was hospitalised and after informing i got permission to go home at 8 PM at night and i reached home at 11:30 PM on that day.”
The conduct of your authority is bad rather cruel. If parent was hospitalized immediate approval to attend parent should have been given.
Do you have any proof of informing Operations Head e.g. phone call bill, SMS, email and approval after 9hours? Why were you detained till 8PM while office hours are up to say 5.30pm, or 9hours including breaks, from office opening hours?
Banks are covered under Shops and Commercial Establishments Act. If you are employed at Gurgaon, then as per Labor website of Govt. of Haryana
hrylabour.gov.in/
, Punjab SE Act is applicable.Did you ever report this by say email?
Punjab SE Act:
“(xiii) “hours of work, or working hours” means the time during which the persons
employed are at the disposalof the employer exclusive of any interval for rest
and meals;”
7. Hours of employment. – (1) Subject to the provisions of this Act,no person shall be
employed about the business of an establishment for more than forty-eight hours in any
one week and nice hours in any one-day.
9. Opening and closing hours. –
20. Record.— (1) The employer of every establishment shall, in the prescribed form and
manner keep exhibited in the establishment a notice setting forth the close day, the
working hours and the period of interval ofemployed persons, if any, and such other
particulars as may be prescribed.
--“ Axis Bank is telling me that they we are terminating you.’
Is it verbal or in writing? Employee should record such transactions audio/visual and keep some witness e.g. colleague. Has it terminated you?
--“ Axis Bank is not giving me releaving letter and also not eccepting my resignation with 1 month notice period.’
Has the bank conveyed it in writing or it is verbal? Employee should record such transactions and minute these even if by email.
Relieving letter is issued post all settlements and firms up that nothing is due towards employee. If you do not have any company property with you then you need to tender notice pay for which you can ask the company to adjust in FNF statement. You may affirm that if any amount is payable at your end as per correct FNF statement it shall be paid by you by cheque and acknowledgment of cheque should be supplied to you on the spot on letterhead of the company under original seal and signature by hand of the competent employee of the company.
You may request the good offices of your appointing authority, MD, Chairman of the bank, Company Secretary with a copy to Head-HR to inform you in writing to whom you should handover the charge, company property and cheque if need be after the correct FNF statement is supplied to you. Company shall compute the salary, incentives, performance pay, bonus, and paid/privileged leave in FNF statement and adjust notice pay in FNF statement and adjust notice pay. You may agree to tender notice pay basic+DA.
--“ I have been informing branch head regularly after my father sad demise via mail and phone but they have marked me absconding on 6th april 2012.”
You have notified the company. Has the company ever declined or accepted to grant leave, leave without pay? However you should have submitted leave application on leave application format if any. You could have asked to supply the leave application soft/hard copy.
--“ I have send mail on 24th march 2012 to inform him that i need some time to join Axis Bank again & also requesting for transfer.’
Has the company accepted or declined in writing?
--“ But they didnot consider my mail as marked me absconding.”
Has the company issued any communication by effective mode of communication e.g. telegramme/letter/email/redg. post/notice/legal notice to mark you absconding?
You may request the good offices to let you to examine your personnel file. Even if company maintains studied silence, this shall help you at appropriate time in appropriate forum.
Punjab SE Act:
21. Inspection of registers and calling for information.
The Inspector can examine your personnel file and you can obtain copies from record of Inspector.
--“ From last 2 months i am communicating with branchhead and shashikant kaushik sir(HR-VP delhi circle Head) for allowing me to give resignation via mail but i didnot get even a single revert from anyone.’
Have you submitted notice of resignation/resignation?
You should carefully structure your notice of resignation/resignation whenever you do so and address it to good offices of your appointing authority, MD, Chairman of the bank, Company Secretary with a copy to Head-HR only and narrate all incidences including each phone call with date/time, phone number, called person’s name/designation/dept/address and transfer the onus on company.
--“ Axis Bank has issued me a notice after that when i was gone to bank to join again then branch head told me you cannot join bank again ,bank will terminate you.’
It is felt that this notice has nullified and condoned your past absence………….
Did you minute that you reported to join the duty as per notice and you were not allowed and rather you were asked to get out and threatened that your service shall be terminated?
--“ From last 4 days i am getting message on my mobile from Axis Bank "you have not marked your attandance/leave on HRMS for xx-Aug-2012.You are requested to make corrective action for the same" but when i asked branch head about it he told me this is nothing bank will terminate you’
It is felt that this a fresh attempt to declare you absconding………
These officials are either doing it under instructions from their masters or on their own to please their masters and build an image of tough managers in the company. Now these offenders shall be a bad company and influence. You must strive to get a transfer.
Did you minute that you reported to join the duty as per notice and mark your attendance and you were not allowed and rather you were asked to get out and threatened that your service shall be terminated? You may mention that your email may be treated as your attendance and joining and instructions may be issued to ………..to, let you join and work at your designated office and seat and mark your attendance.
If you have acquaintances which can be your witness it shall be good for you.
In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court.
Service certificate/relieving letter should be issued to employee by last day in office. Service certificate does not have scope and column for adverse comments.
Companies allot fancy designations and strive to convince the employee he/she is not a workman as many enactments favor the employee and limit the options to employer. However designation alone does not decide employee is a workman or not.
It is felt that the company did not have the nerve to terminate you and all they wanted is to declare you absconding and tag you absconder in your personnel file.
Punjab SE Act:
22. Notice of removal. -- (1) No employee shall be removed from service unless and until
one month’s previous notice or pay in lieu thereof has been given to him:
Apparently your communications should be sufficient to get you relief and may even help you to get your job back and later if you want you can resign peacefully.
However, now your representations should be carefully structured, so as to build record in your favor and transfer the onus of erring officials and company. Let a competent an experienced service lawyer/labor consultant/trained legal mind do so for you. Your lawyer can poke holes in stand of the company and help you.
“The term “Absconding” might have been mentioned in your appointment letter. Company might have mentioned if employee is absent from work without any intimation/absconds, for…………….days, his services can be terminated.
Or absence from work for……….days would amount to absconding.
In other words; terming the abscondment/desertion as breach/repudiation of contract, or dismissal of employee by employee himself.
Employer does not want to follow process of termination/dismissal and wants to avoid dismissal/termination, and therefore tags the file as absconding/deserting and closes the file. Employer believes and it is a fact, majority of the employees get subdued by the tactics applied by companies, and majority of the employees are ill informed.”
