Dear All,
One of my friends has been working as a Staff Nurse at Trusty Hospital in Mumbai for the last 3 years. In that hospital, there is a 2-year bond signed by each nursing staff. She completed her bond last year. Until May-09, she had a good relationship with the matron who is the Nursing Head. In May, she applied for Exam Leave, but the matron rejected it. Despite this, she took leave based on her balance. However, upon returning to duty, the matron refused to let her work, stating that she was fired from her job.
For the past 2 months, she has tried to resolve the issue, but her seniors have refused to help, and none of the senior management at the hospital has provided proper feedback. Finally, she decided to submit her resignation, but now the matron is asking her to serve a notice period of 30 days before settling her Full and Final (FNF) dues and providing her experience certificate.
To date, she has not received an appointment letter or signed any contract after completing the 2-year bond (only a 2-year bond was signed at the time of her appointment).
Please guide me on how to help her in this situation and also inform me about any legal procedures that can be taken against Trusty Hospital.
Regards, Amar
From India, Mumbai
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One of my friends has been working as a Staff Nurse at Trusty Hospital in Mumbai for the last 3 years. In that hospital, there is a 2-year bond signed by each nursing staff. She completed her bond last year. Until May-09, she had a good relationship with the matron who is the Nursing Head. In May, she applied for Exam Leave, but the matron rejected it. Despite this, she took leave based on her balance. However, upon returning to duty, the matron refused to let her work, stating that she was fired from her job.
For the past 2 months, she has tried to resolve the issue, but her seniors have refused to help, and none of the senior management at the hospital has provided proper feedback. Finally, she decided to submit her resignation, but now the matron is asking her to serve a notice period of 30 days before settling her Full and Final (FNF) dues and providing her experience certificate.
To date, she has not received an appointment letter or signed any contract after completing the 2-year bond (only a 2-year bond was signed at the time of her appointment).
Please guide me on how to help her in this situation and also inform me about any legal procedures that can be taken against Trusty Hospital.
Regards, Amar
From India, Mumbai
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Only through dialogues, matters will get solved. Legal procedures are not an immediate remedy, which is time-consuming, and no individual can afford to wait until such time. Tell her to talk to the head to reach an amicable settlement.
From India, Lucknow
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616From India, Lucknow
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She had spoken with the Senior in management but they just guided her to next department. No body in hospital have proper explaination and playing the game of passing the parcel.....
From India, Mumbai
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From India, Mumbai
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In case there is no precedence or habit of firing employees without paying FNF, I can advise that it will be better to serve the notice period. During this period, she can have an opportunity to make the Matern understand her concerns and request the continuation of the service.
From India, Hyderabad
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From India, Hyderabad
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Was anywhere / anytime at the time of joining it was mentioned and accepted by her that there will be 30 days notice period? If not then they cannot force her to serve 30 days notice period. Saurabh
From China, Leizhou
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From China, Leizhou
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Dear Amar, do not take this as a big issue. Simply say to her to give one month's notice; otherwise, she will receive a non-satisfactory certificate for her experience. If you go to the Labour Court, even if they provide a satisfactory judgment, management will take a long time to settle your account and it will take a substantial amount of time. Additionally, they will not issue a good conduct certificate or settle your Provident Fund (PF) early. Therefore, simply give one month's notice to them, and do not waste her two years of experience without a good conduct certificate.
From India, Visakhapatnam
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From India, Visakhapatnam
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Dear Amar,
The case I understand is as follows:
1. Staff signed a contract for 2 years.
2. The contract ended.
3. No appointment letter was given.
4. The staff went on leave, and after resuming the job, the matron sacked her.
This is a perfect case of harassment by employers, and we need to teach such characters of people a good lesson. I feel sorry for ignorant workers like your friend being harassed by employers and want to help.
Legal Angel:
a. Once the contract ended, it was duty-bound on the Trust to give an appointment letter, which they failed to do.
b. The Trust cannot terminate any staff without notice and valid reasons.
c. The Trust is bound to give an experience certificate and legitimate Full and Final settlement to the staff as the staff has successfully completed the contract.
1. First and foremost, ask your friend to search for a job. I am sure he/she will find one as we don't have enough nurses in the world to serve mankind.
2. Make a complaint with the labor office and send a copy to the Trust Compliance Offices of your State. You may not get an immediate result, but at least you have registered a case against the trust. They will have repercussions later.
3. Request the friend's guardian or parent to meet the Hospital's Owners. In all dealings, please ensure you do not use any derogatory language against any staff or management. This could harm your case. You may also involve family members to seek an amicable resolution.
4. If none of the above works, seek out a local government welfare officer and inform them of the issue. Lodge a police complaint against the matron and Trustees.
5. Hiring a lawyer will cost money, but since it doesn't seem to be a significant amount at stake here, an alternative is to involve a local political party. Choose a party that upholds principles and will fight for a cause rather than create chaos at the hospital/trust. This is a last resort, and in most cases, you are likely to succeed here. Hospital authorities dislike political interference.
Best of luck,
UKmitra
From Saudi Arabia, Riyadh
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The case I understand is as follows:
1. Staff signed a contract for 2 years.
2. The contract ended.
3. No appointment letter was given.
4. The staff went on leave, and after resuming the job, the matron sacked her.
This is a perfect case of harassment by employers, and we need to teach such characters of people a good lesson. I feel sorry for ignorant workers like your friend being harassed by employers and want to help.
Legal Angel:
a. Once the contract ended, it was duty-bound on the Trust to give an appointment letter, which they failed to do.
b. The Trust cannot terminate any staff without notice and valid reasons.
c. The Trust is bound to give an experience certificate and legitimate Full and Final settlement to the staff as the staff has successfully completed the contract.
1. First and foremost, ask your friend to search for a job. I am sure he/she will find one as we don't have enough nurses in the world to serve mankind.
2. Make a complaint with the labor office and send a copy to the Trust Compliance Offices of your State. You may not get an immediate result, but at least you have registered a case against the trust. They will have repercussions later.
3. Request the friend's guardian or parent to meet the Hospital's Owners. In all dealings, please ensure you do not use any derogatory language against any staff or management. This could harm your case. You may also involve family members to seek an amicable resolution.
4. If none of the above works, seek out a local government welfare officer and inform them of the issue. Lodge a police complaint against the matron and Trustees.
5. Hiring a lawyer will cost money, but since it doesn't seem to be a significant amount at stake here, an alternative is to involve a local political party. Choose a party that upholds principles and will fight for a cause rather than create chaos at the hospital/trust. This is a last resort, and in most cases, you are likely to succeed here. Hospital authorities dislike political interference.
Best of luck,
UKmitra
From Saudi Arabia, Riyadh
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The conduct of the nurse matron here is simply unacceptable. By all means, the staff is still entitled to receive his/her rights. The situation of this staff is totally unfortunate. His/her rights to secure an appointment and even a job description on the very 3 months probationary period is a necessity.
My hospital is hiring. Tell her if she wants to come here in Makkah (for Muslim nurses), I can help her. Send her CV to my email x.prof@yahoo.com.
A lesson to teach to this matron on her actions is to bring her to an administrative complaint. Let the committee of the credentialing and privilege committee decide your affairs and her indecisiveness. Much or more, let her learn that management is not sacking staff and just writing a notice that you are off the job. There is more to that, indeed!
Tell your friend to move her career wherein she could practice rightly and securely with the support of administration and managerial level, who are not to put down staff but instead upgrade them, bloom and groom them, and inculcate value and professional development with dignity. So long for now.
From Saudi Arabia
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My hospital is hiring. Tell her if she wants to come here in Makkah (for Muslim nurses), I can help her. Send her CV to my email x.prof@yahoo.com.
A lesson to teach to this matron on her actions is to bring her to an administrative complaint. Let the committee of the credentialing and privilege committee decide your affairs and her indecisiveness. Much or more, let her learn that management is not sacking staff and just writing a notice that you are off the job. There is more to that, indeed!
Tell your friend to move her career wherein she could practice rightly and securely with the support of administration and managerial level, who are not to put down staff but instead upgrade them, bloom and groom them, and inculcate value and professional development with dignity. So long for now.
From Saudi Arabia
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Dear Amar,
I worked with Multisuper Speciality Hospitals for almost 10 years in HR. Please let me know whether she has a copy of the bond/agreement signed by her. I would be able to guide her further after receiving a reply.
Regards,
Shiv
From India, New+Delhi
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I worked with Multisuper Speciality Hospitals for almost 10 years in HR. Please let me know whether she has a copy of the bond/agreement signed by her. I would be able to guide her further after receiving a reply.
Regards,
Shiv
From India, New+Delhi
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Dear Shiv,
No such copy was given to her, and I think it was verbally communicated that a 2-year bond is compulsory for all nursing staff, stating that this is the hospital policy or establishment rule. They also mentioned that the staff who have completed 2 years will be confirmed, and the salaries of those employees will be revised.
Regards,
Amar
From India, Mumbai
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No such copy was given to her, and I think it was verbally communicated that a 2-year bond is compulsory for all nursing staff, stating that this is the hospital policy or establishment rule. They also mentioned that the staff who have completed 2 years will be confirmed, and the salaries of those employees will be revised.
Regards,
Amar
From India, Mumbai
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Amazing!
Everything is illegal as per labor laws.
If such exploitation exists with educated nurses, can you imagine the exploitation of uneducated rural or migrant workers?
As far as labor reforms go, we are still in the Middle Ages.
From India, Delhi
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Everything is illegal as per labor laws.
If such exploitation exists with educated nurses, can you imagine the exploitation of uneducated rural or migrant workers?
As far as labor reforms go, we are still in the Middle Ages.
From India, Delhi
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf