Hi all,
Thank you so very much for your efforts, highly appreciated. I was aware about the change of my manager but I was not under his direct team, but was in the different project. That is the reason I did not had his no. I was at my home town when this happened and it happened only because of some family traditional thing that could not be discarded. I requested my SME to inform my manager as he was not near when I called him, and he informed.
I explained everything when I was back. I was not told to submit resignation letter but to submit company's property (ID Card). Absconding is done only if you do not inform anyone in higher post than you.
Some more lights please.
Thanks
From India, New Delhi
Thank you so very much for your efforts, highly appreciated. I was aware about the change of my manager but I was not under his direct team, but was in the different project. That is the reason I did not had his no. I was at my home town when this happened and it happened only because of some family traditional thing that could not be discarded. I requested my SME to inform my manager as he was not near when I called him, and he informed.
I explained everything when I was back. I was not told to submit resignation letter but to submit company's property (ID Card). Absconding is done only if you do not inform anyone in higher post than you.
Some more lights please.
Thanks
From India, New Delhi
Dear Sshres02,
The punishment awarded to you by your management is disproportionate to your gravity of misconduct. Previous record of service has to be taken in to account while awarding punishment. Proper procedure has to be followed before awarding punishment by which natural justice of law is regarded. Court never support such termination by employer. In termination, there should be very strong reason or ground. There are many case laws in this regard.
In your case, you overstayed 18 days is not a strong ground to terminate your service. Also, no letter of termination is given to you. There is no oral termination. Even in case of lose lien on employment, the punishment is, to keep the employee on waiting list of vacancy. Also, there has to be some communication in writting in this regard.
Under those circumstances, I once again recommend strongly the remedy suggested by anonymous.
I wish you a good luck!
From India, Mumbai
2555The punishment awarded to you by your management is disproportionate to your gravity of misconduct. Previous record of service has to be taken in to account while awarding punishment. Proper procedure has to be followed before awarding punishment by which natural justice of law is regarded. Court never support such termination by employer. In termination, there should be very strong reason or ground. There are many case laws in this regard.
In your case, you overstayed 18 days is not a strong ground to terminate your service. Also, no letter of termination is given to you. There is no oral termination. Even in case of lose lien on employment, the punishment is, to keep the employee on waiting list of vacancy. Also, there has to be some communication in writting in this regard.
Under those circumstances, I once again recommend strongly the remedy suggested by anonymous.
I wish you a good luck!
From India, Mumbai
I can see my original assumption was right. Your leave extension was planned, not an emergency. In probability, you were refused leave for the extended period. Obviously the management would not accept it.
Back to the main problem, though : you did not get any letter from them ? Relieving letter, termination letter, nothing ? What will you show to the next company when you join ? They will ask you for a relieving letter right ?
It looks like you have a very smart hr dept.
You were 18 days late, then you were not allowed to. Work when you joined. I think attendance was not recorded. After that another 45 days passed. There is no record of you informing your sme, no record of you coming to,office after that. Not there for 2 months, perfect ground to declare you absconding.
You better figure out what you want to do.
If you have got another job, then just meet the old company and get them to change the status to resigned and get your relieving letter.
If, on the other hand, you want to get back to them (and my above assumptions are right) you will have to raise an industrial dispute for unfair termination on the grounds other members have stated, but you will need a good lawyer / consultant / union support and lots of patients to wait for the relief
From India, Mumbai
Back to the main problem, though : you did not get any letter from them ? Relieving letter, termination letter, nothing ? What will you show to the next company when you join ? They will ask you for a relieving letter right ?
It looks like you have a very smart hr dept.
You were 18 days late, then you were not allowed to. Work when you joined. I think attendance was not recorded. After that another 45 days passed. There is no record of you informing your sme, no record of you coming to,office after that. Not there for 2 months, perfect ground to declare you absconding.
You better figure out what you want to do.
If you have got another job, then just meet the old company and get them to change the status to resigned and get your relieving letter.
If, on the other hand, you want to get back to them (and my above assumptions are right) you will have to raise an industrial dispute for unfair termination on the grounds other members have stated, but you will need a good lawyer / consultant / union support and lots of patients to wait for the relief
From India, Mumbai
Dear Korgaonkar,
It seems that you have not read any of appointment letter issued by company and straight way signd and keep it with you. Don't take it otherwise.
The termination clause in appointment letter is very important to read with care not to avoid with the thought that "no one will terminate me without any strong reason".
Yes only after confirmation employer must need strong reason to terminate the employee only after following complete proper procedure of termination.
This is just for your reference.
Chill HR
From India, Gurgaon
It seems that you have not read any of appointment letter issued by company and straight way signd and keep it with you. Don't take it otherwise.
The termination clause in appointment letter is very important to read with care not to avoid with the thought that "no one will terminate me without any strong reason".
Yes only after confirmation employer must need strong reason to terminate the employee only after following complete proper procedure of termination.
This is just for your reference.
Chill HR
From India, Gurgaon
Dear All,
I thanks to those who have instigated me to study more, read more, especially Dear Chill HR.
I wish to draw the kind attention of all the degnatories who have participated in this discussion, to Supreme Court Judgement in Uptron India v. Shammi Bhan. In this case it has been laid down by Supreme Court that where particular SO provided that the services of an employee who overstays the leave would be treated to have been automatically terminated, would be bad as violative of article 14, 16 and 21 of the constitution. It was further held that if any action is taken on the basis of such a rule without giving him an opportunity of hearing, it would be wholly unjust, arbitrary and unfair.
I once again strongly recommend the querist to go ahead with the letter as suggested by Anonymous, if he has not done it so far.
From India, Mumbai
I thanks to those who have instigated me to study more, read more, especially Dear Chill HR.
I wish to draw the kind attention of all the degnatories who have participated in this discussion, to Supreme Court Judgement in Uptron India v. Shammi Bhan. In this case it has been laid down by Supreme Court that where particular SO provided that the services of an employee who overstays the leave would be treated to have been automatically terminated, would be bad as violative of article 14, 16 and 21 of the constitution. It was further held that if any action is taken on the basis of such a rule without giving him an opportunity of hearing, it would be wholly unjust, arbitrary and unfair.
I once again strongly recommend the querist to go ahead with the letter as suggested by Anonymous, if he has not done it so far.
From India, Mumbai
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