Hello S. Kumar,
saswatabanerjee has said it very rightly.
Indirectly, whether willfully or unknowingly, you conveyed a clear impression that you don't care for the Company priorities/work. You aren't a kid to go into a state of total disarray & inaction. Any company would expect the basic attitude under such circumstances--what prevented you from calling while you were in journey?
Your options are very limited & I suggest go by what saswatabanerjee advised.
Going legal, even if you are advised so, would only complicate the matter for you & POSSIBLY effect your long-term career. Pl note that this is neither to frighten you nor to finger-point your action--the feedback in this Forum is with the sole objective of enabling you to correct your mistake(s) & guiding you towards the right path, howsoever belated--since it's said: better late than never.
All the Best.
Rgds,
TS
From India, Hyderabad
1641saswatabanerjee has said it very rightly.
Indirectly, whether willfully or unknowingly, you conveyed a clear impression that you don't care for the Company priorities/work. You aren't a kid to go into a state of total disarray & inaction. Any company would expect the basic attitude under such circumstances--what prevented you from calling while you were in journey?
Your options are very limited & I suggest go by what saswatabanerjee advised.
Going legal, even if you are advised so, would only complicate the matter for you & POSSIBLY effect your long-term career. Pl note that this is neither to frighten you nor to finger-point your action--the feedback in this Forum is with the sole objective of enabling you to correct your mistake(s) & guiding you towards the right path, howsoever belated--since it's said: better late than never.
All the Best.
Rgds,
TS
From India, Hyderabad
Dear all,
It is meaningless to have a critical analysis of the problem. There is no doubt that his non communication of leave is a serious misconduct and Sudheer knows that he had done a mistake by keeping silent all the days. But his apprehension is whether the act of company is legal or not. I have put my version that termination of service without giving the employee an opportunity is not at all legal. Even in the case of absconding for long periods, the courts have ruled that the employer's act of terminating services were illegal. Only thing is that before terminating the services the employer should have conducted an enquiry and given the accused employee an opportunity to defend the charges. In the case of Sudheer, the company has deviated from the principles of natural justice and therefore, he deserves protection by way of reinstatement.
Regards,
Madhu.T.K
From India, Kannur
It is meaningless to have a critical analysis of the problem. There is no doubt that his non communication of leave is a serious misconduct and Sudheer knows that he had done a mistake by keeping silent all the days. But his apprehension is whether the act of company is legal or not. I have put my version that termination of service without giving the employee an opportunity is not at all legal. Even in the case of absconding for long periods, the courts have ruled that the employer's act of terminating services were illegal. Only thing is that before terminating the services the employer should have conducted an enquiry and given the accused employee an opportunity to defend the charges. In the case of Sudheer, the company has deviated from the principles of natural justice and therefore, he deserves protection by way of reinstatement.
Regards,
Madhu.T.K
From India, Kannur
Madhu,
What about the fact that the company has sent him a notice asking him to report by 4th which he has ignored? We do not know what was mentioned in the letter, if they have asked him to report by 4th and submit his explanation and he has chosen to ignore it, then wouldnt the company be legally right to terminate him?
Also is the company justified in stopping the salary payment if the person absconds after taking his paycheck and does not report to the office next day and is incommunicado and his employement offer says he needs to give one month notice or has a service agreement?
ramana
From India, Hyderabad
What about the fact that the company has sent him a notice asking him to report by 4th which he has ignored? We do not know what was mentioned in the letter, if they have asked him to report by 4th and submit his explanation and he has chosen to ignore it, then wouldnt the company be legally right to terminate him?
Also is the company justified in stopping the salary payment if the person absconds after taking his paycheck and does not report to the office next day and is incommunicado and his employement offer says he needs to give one month notice or has a service agreement?
ramana
From India, Hyderabad
Hi,
I think Sudhir should have been more responsible towards his organization. Agreed he was in state of Panic for 4-5 days but after that he could have called to inform. In the entire episode not even once Sudhir thought of his deadlines and work being hampered.
Think of his manager and seniors who would have been in a state of de-lima thinking what to do next..to wait for him where no was sure when he will join back or to assign his task to somebody else or to hire somebody.
Sudhir, you could have called up your process manager once and explained everything to him. You could have also told him a date of rejoining. I don't think it's your organization's fault.
Anyhow, now you must go and apologies and present your case again to fetch you job back.
Best,
Sonal
From India, Delhi
I think Sudhir should have been more responsible towards his organization. Agreed he was in state of Panic for 4-5 days but after that he could have called to inform. In the entire episode not even once Sudhir thought of his deadlines and work being hampered.
Think of his manager and seniors who would have been in a state of de-lima thinking what to do next..to wait for him where no was sure when he will join back or to assign his task to somebody else or to hire somebody.
Sudhir, you could have called up your process manager once and explained everything to him. You could have also told him a date of rejoining. I don't think it's your organization's fault.
Anyhow, now you must go and apologies and present your case again to fetch you job back.
Best,
Sonal
From India, Delhi
Hi all seniors,
Much obliged,
I thank to all of you for valuable feedback. I have made an apologetic representation before the management in the presence of hr spoke person. They will get back to me later. However, I see some negativity in their response so far, as per the gesture maintained and shown. In addition, I have some apprehension about the impact in case I join a new company. Supposing, this company issues me a relieving letter after separation is processed but being concerned I want to learn ,whether there will be any impact in case internal inquiry is initiated by the new company. What request shall I make to the present company in case I am not reinstated by them to avoid any issues in future.
From India, Bangalore
Much obliged,
I thank to all of you for valuable feedback. I have made an apologetic representation before the management in the presence of hr spoke person. They will get back to me later. However, I see some negativity in their response so far, as per the gesture maintained and shown. In addition, I have some apprehension about the impact in case I join a new company. Supposing, this company issues me a relieving letter after separation is processed but being concerned I want to learn ,whether there will be any impact in case internal inquiry is initiated by the new company. What request shall I make to the present company in case I am not reinstated by them to avoid any issues in future.
From India, Bangalore
Sudhir,
In the normal circumstances, hr will ask the immediate supervisor / Manager for their feedback. Mostly it will be negative as few managers are willing to take the trouble of working with some they perceive as careless. However, that is a pure speculation.
If they reinstate you, you will have to work twice as hard to be taken seriously. In time, this incident will be forgotten. Possible your peocess manager will change and you can start with a relatively clean state.
If not, then you will have to take a new job. While applying, you will be asked why you left, and you have to come up with an explanation which needs to be true but putting you in less negative light, portrayed as a victim of circumstances that forced you to violate your office regulations for which you paid the price.
In most cases, your new company will do a reference check with hr in your earlier firm. What they will tell i can't predict. Mostly hr will be non committal (unless there are other things in your relation with them that you are telling) as they don't want to spoil someone's career.
Try and see if they will give you a relieving letter that is even.
From India, Mumbai
In the normal circumstances, hr will ask the immediate supervisor / Manager for their feedback. Mostly it will be negative as few managers are willing to take the trouble of working with some they perceive as careless. However, that is a pure speculation.
If they reinstate you, you will have to work twice as hard to be taken seriously. In time, this incident will be forgotten. Possible your peocess manager will change and you can start with a relatively clean state.
If not, then you will have to take a new job. While applying, you will be asked why you left, and you have to come up with an explanation which needs to be true but putting you in less negative light, portrayed as a victim of circumstances that forced you to violate your office regulations for which you paid the price.
In most cases, your new company will do a reference check with hr in your earlier firm. What they will tell i can't predict. Mostly hr will be non committal (unless there are other things in your relation with them that you are telling) as they don't want to spoil someone's career.
Try and see if they will give you a relieving letter that is even.
From India, Mumbai
Hi,
i was working in a company for 3 months and had taken a leave for 2 to 3 days for some personal reasons, one of ma trainer called me and said that there is replacement for me, from the next day i dint go to office and i dint inform to any of ma managers too. i am registered under NSR. will i be able to get any job in any other company which is registered under NSR
From India, Bangalore
i was working in a company for 3 months and had taken a leave for 2 to 3 days for some personal reasons, one of ma trainer called me and said that there is replacement for me, from the next day i dint go to office and i dint inform to any of ma managers too. i am registered under NSR. will i be able to get any job in any other company which is registered under NSR
From India, Bangalore
Hi Kumar,
Dont think this is a negative comment am just sharing my views. See no one will accept leave for more than 10 days. you have sent an sms that is ok but you didnt make a single call. However you received a call from your house owner stating that you are asked to report on may 4th atleast you would have called on that time but you missed.
you have a valid reason kumar but communication with ur manager is totally missing. Management should ask your direct explanation but they didnt. ok past is past lets learn from experience. Love your job dont love your company, it will help you to move forward to your career. All the best for your new job.
From India
Dont think this is a negative comment am just sharing my views. See no one will accept leave for more than 10 days. you have sent an sms that is ok but you didnt make a single call. However you received a call from your house owner stating that you are asked to report on may 4th atleast you would have called on that time but you missed.
you have a valid reason kumar but communication with ur manager is totally missing. Management should ask your direct explanation but they didnt. ok past is past lets learn from experience. Love your job dont love your company, it will help you to move forward to your career. All the best for your new job.
From India
Dear Mr.Sudhir,
In my opinion, you should have shown courage to meet / talk to your immediate Supervisor, take him in confidence, seek his / her help in such a situation.
Now also you can meet him / her, prove your genuine reason, and then meet head of HR Dept. and explain in a humble manner. Wherever , it is pointed out about your faults in gap in communication , etc. , please accept instead of arguing and I am very sure, you will get your job back.
You can also appreciate, that management of an organization has to maintain general discipline, and in that function , if any innocent or genuine person suffers, HR dept has the flexibility to correct/ withdraw the letters of termination , etc.
All the best.
Dr. Y.B.Joshi
Baroda
12-5-2011
-----------------------------------------------------------------------
From India, Pune
In my opinion, you should have shown courage to meet / talk to your immediate Supervisor, take him in confidence, seek his / her help in such a situation.
Now also you can meet him / her, prove your genuine reason, and then meet head of HR Dept. and explain in a humble manner. Wherever , it is pointed out about your faults in gap in communication , etc. , please accept instead of arguing and I am very sure, you will get your job back.
You can also appreciate, that management of an organization has to maintain general discipline, and in that function , if any innocent or genuine person suffers, HR dept has the flexibility to correct/ withdraw the letters of termination , etc.
All the best.
Dr. Y.B.Joshi
Baroda
12-5-2011
-----------------------------------------------------------------------
From India, Pune
Hi all,
I had a meeting with the process manager and process hr who said the matter has reached to AOD and they cant take my back in the organisation or send me on the bench to apply for ijp or serve the notice period thereafter as I requested after confession and acknowledgement of my mistake confessed on humanitarian ground.
However, they ensured my career wouldn't be jeopardize and hr will be non-committal in case of any inquiry initiation by new employer and I could leave this company with a handshake. I hope for the best. I wish the case could have been handled better given the tenure in job for 3years and a half and above average appraisal rating and monthly stacks.
Thanks to all for invaluable feedback,
From India, Bangalore
I had a meeting with the process manager and process hr who said the matter has reached to AOD and they cant take my back in the organisation or send me on the bench to apply for ijp or serve the notice period thereafter as I requested after confession and acknowledgement of my mistake confessed on humanitarian ground.
However, they ensured my career wouldn't be jeopardize and hr will be non-committal in case of any inquiry initiation by new employer and I could leave this company with a handshake. I hope for the best. I wish the case could have been handled better given the tenure in job for 3years and a half and above average appraisal rating and monthly stacks.
Thanks to all for invaluable feedback,
From India, Bangalore
Find answers from people who have previously dealt with business and work issues similar to yours - Please Register and Log In to CiteHR and post your query.