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Surajit Singh Yadav (Trainee LLB)     11 February 2014

Termination

I am working in MNC as a Manager. They issued a Letter regarding termination  Dt-27.01.2014

 

They issued/ send the termination letter on Dt-27.01.2014 but  w.e.f 13.09.2013     Termination from back date is possible?   Actually I am abscent from 12.09.2013 till date  during my Parents illness, Expirey of my Father and my illness. I send the letter/ informed to our office approx 15 to 16 times by Email with some doctors pescripttion.

 

BACK DATE TERMINATION IS POSSIBLE?  THEY CANNOT WANT TO PAY THE THREE MONTHS NOTICE PAY EVEN IT IS MENTIONED IN THE APPIONTMENT LETTER? 



Learning

 1 Replies

Kumar Doab (FIN)     11 February 2014

You have initiated many threads. 


Many of the employers insert in appointment letter, service rules that employment can be terminated due to long term absence even if due to sickness.

Apparently your leave intimations were not accepted and leave is not approved. IN such a case it might have been treated as unauthorized absence, which might have been treated as misconduct.

If termination is effected due to misconduct then employer may not tender notice pay.


You should spend quality time with your labor consultant/service lawyer, show all of your docs, give inputs in person.

The lawyer that has examined your docs , records, inputs can advice you the best.

 

On line discussions have its own limitations and more so in matters that may require in depth analysis of documents and inputs.

 

Being a Trainee LLB you may appreciate that info and advice in bits and pieces may not help you much.

You should not hesitate to approach a competent and experienced labor consultant/service lawyer.

 

 


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