Terminated from service

  

 

The office of the company where you were located is in which state?

 

The redg. office and HO of the company is in which state?

 

You have posted that:

 

-----“ I got harrashed by co-worker and have reported HR in the month of June 2013 but no action has been taken.”

 

 

Hope you have stated the facts, do you have the evidence and is the evidence on your side?

 

 

 

 

It seems that no action was taken on your complaint and the HR did not issue any show cause notice and did not inform any findings of its inquiry in office verbally or in writing.

 

 

 

 

It is irresponsible. You could have approached good offices of appointing authority, MD………….

 

 

 

 

{{ However such companies are known to insert the comments of line managers in personnel file of the employee. Such inquiries an be termed Sham.}}}

 

 

 

 

 

 

-------“ working with XYZ IT firm from Jan 2013 and as per in aggreement probationery period is 1 year.”

 

 

 

You are still in probation period.

 

 

 

What is the leave period permissible to you as per leave stated in appointment letter issued to you and leave policy of the company?

 

 

 

{{{ Is it stated in the appointment letter that if the employee is absent for 8 days without information he shall be terminated?

 

 

Is it also stated that appointment can be terminated in case of prolonged sickness?}}}

 

 

 

------“ I was on sick leave between 5-Aug-2013 to 16-Aug-2013 and also intimated Sick leave to manager through official mail box and on 12-aug-2013 HR written mail to report  duty with in 3 days but was not able to atteand because of viral fever and reverted mail accordingly.”

 

 

 

 

 

You have applied for leave in writing. Do you have the copy?

 

 

 

{{{ You have not absented, absconded, abstained from duty that on 8^th day HR would ask you to report or you shall have loose the appointed post}}}

 

 

 

The HR has in writing asked you to report on duty. Do you have the copy?

 

 

 

You have replied to the HR in writing. Do you have the copy?

 

 

 

 

 

-------“ As per HR communication submited medical certificates dated on 16-08-2013.”

 

 

 

Did HR ask for medical certificates in writing? Do you have the copy?

 

 

 

You have responded to the communication of HR and have supplied the medical certificates.

 

 

Do you have the copy?

 

{{{ If you have supplied the medical certificates then you have not faked the sickness.

 

 

 

HR should have recommended that the employee was sick and proper medical certificates have been received.}}}

 

 

 

Termination during sickness can be bad order……!!!!

 

 

 

 

 

-------“ HR issued Notice of termination w.e.f 14-Aug-2013 stated reason for termination "Non-Performance behavioural and attitude toward work"

 

 

 

Company has leveled a charge upon you. NO inquiry seems to have been conducted.

 

 

 

This termination by all means can be stigmatic.

 

 

 

 

 

The reason stated in termination order and sequence of events do not relate and point to mischief and malafide intention…………………………………

 

 

 

It is felt that company has leveled this charge to deny notice pay in FNF settlement.

 

 

 

What is the notice period applicable in case of termination by employer and  by employee as stated in appointment letter during period of probation?

 

 

 

 

 

The trade unions, Lawful authorities e.g; Labor Inspector:: O/O Labor Commissioner, Inspector under Shops and Commercial Establishments Act of your state, Lawyer/law firm  ………………court of law can read between the lines…………….

 

 

 

However are you willing to approach them????

 

------“ and HR told they are not going to issue releaving letter of my service.”

 

Has HR stated so in writing? Have you stated in writing that HR has declined to issue it?

 

 

 

You were on sick leave. During sickness HR has effected the termination.

 

 

It seems that there is no company property lying with you, no handover is pending hence nothing is pending.

 

Therefore as upfront and transparent approach it should have issued and supplied the service certificate, relieving certificate.

 

 

 

This conduct hints to another mischief  as it might inserted some adverse comments in your personnel file which might get reflected against you during BGV……………..

 

You should demand to let you examine your personnel file maintained by company.

 

HR is no one and no body to decide which relieving document it can issue and it can withhold.

 

-----“ not getting any response from my Company HR, CEO “

 

Apparently you have approached the god offices of appointing authority, MD,CEO……………………

 

 

 

The good offices should ideally provide relief in genuine cases.

 

 

 

You may put all of your docs in order in a file and show it to your lawyer.

 

 

 

Has the company supplied the correct FNF statement ( including notice pay) and have you accepted the FNF statement, payment of FNF dues, last salary slip, Form 16 as per correct FNF statement, PF number/account slips for entire period of service, ESIC card, NOC/NDC etc………….

 

The IT/ITeS/BPO companies are covered under Shops and Commercial Establishments Act of the state.

 

In case of issues employee should not conceal the facts and can approach:

 

 

 

 

 

>> Lawyer/Law firm: The legal notice/reply by lawyer can drill sense into the heads.

>> Trade Unions, employee’s group/union/IC/Guild…………………..

>> O/o Labor Commissioner: labor Inspector………..

>> Inspector under Shops and Commercial Establishments Act of the State………………………………………………..

 
>> Inspector under Payment of Wages Act ( Applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm)

 

 

>> RPFC in o/o PF Commissioner

>> Inspector in Local/jurisdictional ESIC office………….

>> ITO-TDS where employee files ITR, jurisdictional CIT-TDS where company files its ITR………………

 

The employees in It/ITeS/BPO sector also formed unions and have done a good job too:

 

 

 

https://www.itpfindia.org/ http://www.itecentre.co.in/ 

Contact Us

Please contact us on mail id : 

contact@itecentre.co.in. ph : 9620907912

Please Join ITEC group for discussion among IT-BPO employees.

To join the group, please send a blank mail to itec_bangalore-subscribe@yahoogroups.com 

https://ithiworld.wikispaces.com/News+Update 

ITHI, a forum of women employees in IT and ITeS

IT/BPO Voice of India | Facebook

CBPOP (the present UNIDOC) 

 

 

www.unitespro.org https://www.wbitsa.org/

 

 

 

 

The trade Unions are willing to embrace the employees in your sector and can guide from their rich experience. You should access their websites and speak to them too.

 

 

 

 

^{All India United Trade Union Centre (INTUC)}

 

 

^{Centre for  Indian Trade Union (C I T U )}

 

 

^{National Centre for Labour(NCL)}

^{Bharatiya  Mazdoor  Sangha (BMS)}

 

 

 

  

 

 

 

 

Company Reg office is Mumbai Maharastra

harrashment instead of taking action given warrning against me.

working with Cedge technologies ltd , mumbai

Through office mail box sent leave mail and over phone HR requested for medical certificate and sent through personel mail id becasue office mail access is blocked.

there is no such specific clause mentioned in the appoint ment letter for sick leave.

lodged grievance to maharastra labour department and department of administrative reforms and public grievances.

I am staying in village near to Hubli karnataka & all my emails are not responding either HR, manager asked not to write mail and CEO is not responding.

Whether I can ask information to company under RTI Act 2005

 

RTI Act may not be applicable to your private establishment…………………..

 

 

 

 “lodged grievance to maharastra labour department and department of administrative reforms and public grievances.”

 

You can continue to wait and see if they reply to you………………and resolve your matter.

 

It shall be appropriate to approach a labor consultant/service lawyer, Trade Union Leaders near you and discuss the matter in person and proceed further under the expert advise………………………...The lawyer or seasoned Trade Union Leaders that have seen your docs can advise you the best.

 

The Bombay Shops and Commercial Establishments Act is so employee friendly.

You can download from internet, Dept. of labor website, or buy from market............. 

 

 

38. Application and amendment of the Payment of Wages Act. (l) Notwithstanding anything contained in the Payment of Wages

Act,  1936, (V  ?f

1936)………. the Inspector appointed under this Act shall be deemed to be the Inspector…herein referred to as "the said Act",…….for the purpose of the enforcement of hei provisions of the said Act within the local limits of his jurisdiction.

( Implies that the Inspector under SE Act shall be the Wages Inspector )

[?8 ?. Application of Act VIII of 1923 to employees of establishment.-The provisions of the Workmen's Compensation Act,  1923  (VIII  of  1923),  and the rules  made from time to time thereunder, shall,  mutatis mutandis,  apply to employees  of  an establishment to  which this Act applies, as if they were workmen within t! meaning of the Workmen's Compensation Act, 1923.

( Implies any employee under SE Act shall be eligible as if he is a workman and can invoke WC Act)

^[??-?.  Application of Industrial Employment (Standing Orders) Act to establishments.-The  provisions of the Industrial Employment (Standing Orders) Act,  1946,  in its application to the State of Maharashtra [(hereinafter in this section referred to as "the said Act"), and the rules and standing orders (including model standing orders) made thereunder from time to time, shall,  mutatis rnuimdis,  apply to  all establishments wherein fifty or more employees are employed and to which this Act applies, as if they were industrial establishment within the meaning of the said Act.

(Implies if company is under SE Act and if it has not framed its standing orders the model standing orders shall apply to all employees. Model Standing Orders are attached. You can also download from Dept. of Labor Maharashtra/Bombay website also. Thus while you can approach Inspector under SE Act you should also be eligible to approach Labor Inspector/ALC.)

{ Model Standing Orders: 3.               Tickets,  11.         Payment of wages,  13.       Termination of employment,  15.      Complaints, 17.  Liability of 17[employer].--, 18.          Exhibition of standing orders.-)

51.    Employer [and manager  to produce registers, records etc.  for inspection.

( Implies that if you lodge a complaint the Inspector can not check all records, your personnel file but can take these to his office. You may obtain certified copies and even peruse RTI route.)

Moreover the Inspector is under obligation report every two months as given in Sec.66

55.    False entries by employer and manager.

58.    Determination of employer for the purpose of this  Act.

66.Notice    of termination of service