Dear HR Professionals,
I need some inputs from you regarding a curious issue relating to my daughter. She joined one of the premier private airlines in June 2008 as a Cabin Attendant. Her initial posting was in Mumbai for a training programme and then allotted a base station in Hyderabad. Towards the months of June/July/August, acute staff shortage forced the airlines to put her on tough back-to-back flight schedules that took a toll on her health. As a result, she had to take medical treatment and medical leave by submitting proper documents to the Base Manager in Hyderabad. Despite this, the Base was finding faults with her on the documents and the communication she was providing to her employers on her sickness. Ultimately, she submitted her resignation on 19th September 2009 via email, which was received by the Base Manager and forwarded to the HR cell in Mumbai. Subsequently, the company issued her a termination letter on September 20, 2009, signed by the VP - HR, which was posted by courier and received two days later.
My daughter had signed a service bond by depositing a sum of Rs 50K that was refundable after 3 years. Her contract stated that if she leaves during this service bond, she would have to either give 3 months' notice or 3 months' salary and vice versa. My questions are:
1. Should we file a case against the airline?
2. If so, where, as she is a permanent resident of Jalandhar?
3. What type of compensation is she entitled to besides her 18 days' salary for September 2009?
R.S. Marvay
Advisor
Marvayn Associates
From India, Ludhiana
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1I need some inputs from you regarding a curious issue relating to my daughter. She joined one of the premier private airlines in June 2008 as a Cabin Attendant. Her initial posting was in Mumbai for a training programme and then allotted a base station in Hyderabad. Towards the months of June/July/August, acute staff shortage forced the airlines to put her on tough back-to-back flight schedules that took a toll on her health. As a result, she had to take medical treatment and medical leave by submitting proper documents to the Base Manager in Hyderabad. Despite this, the Base was finding faults with her on the documents and the communication she was providing to her employers on her sickness. Ultimately, she submitted her resignation on 19th September 2009 via email, which was received by the Base Manager and forwarded to the HR cell in Mumbai. Subsequently, the company issued her a termination letter on September 20, 2009, signed by the VP - HR, which was posted by courier and received two days later.
My daughter had signed a service bond by depositing a sum of Rs 50K that was refundable after 3 years. Her contract stated that if she leaves during this service bond, she would have to either give 3 months' notice or 3 months' salary and vice versa. My questions are:
1. Should we file a case against the airline?
2. If so, where, as she is a permanent resident of Jalandhar?
3. What type of compensation is she entitled to besides her 18 days' salary for September 2009?
R.S. Marvay
Advisor
Marvayn Associates
From India, Ludhiana
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You can file a case. Here you have an advantage because they issued a Termination Letter, not a Resignation Acceptance. I advise you to consult an expert labor law advocate.
From India, Mumbai
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From India, Mumbai
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Hello Mr. R.S. Marvay,
Seeking the advice of a professional would be good. However, the following points would help you to prepare well:
1. You have said that your daughter put up the papers on the 19th, and on the 20th, a termination letter was issued.
2. Does the termination letter have any reference to the resignation letter of the 19th? If it has reference, then the case would be construed as acceptance of resignation and not a termination from the employer's side.
3. In her employment letter, is there any clause that says she can be given any other job?
4. If the organization has refuted the medical documents, then they have been preparing for a case.
5. Please see which documents are in your favor.
Fighting a legal battle with a corporation could be very dicey. However, a settlement could be a better option. Before taking any such decision, please seek the advice of a professional.
V. Raghunathan
Navi Mumbai
From India
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Seeking the advice of a professional would be good. However, the following points would help you to prepare well:
1. You have said that your daughter put up the papers on the 19th, and on the 20th, a termination letter was issued.
2. Does the termination letter have any reference to the resignation letter of the 19th? If it has reference, then the case would be construed as acceptance of resignation and not a termination from the employer's side.
3. In her employment letter, is there any clause that says she can be given any other job?
4. If the organization has refuted the medical documents, then they have been preparing for a case.
5. Please see which documents are in your favor.
Fighting a legal battle with a corporation could be very dicey. However, a settlement could be a better option. Before taking any such decision, please seek the advice of a professional.
V. Raghunathan
Navi Mumbai
From India
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Mr. Keshav ji,
I think the option of filing a direct case as per the amended Act of 2010 under section 2A (2) is exhausted, but she still has the right to file a case under section 2A (1) of the ID Act, since there is no time limit prescribed under this section. If she wishes, she can file a case challenging her termination without following the proper course of action prescribed under the ID Act and without being afforded an opportunity. The case can be filed in Hyderabad, where she was recently posted.
I am also of the opinion that, in the given circumstances, she has the right to file a civil suit under the Specific Performance Act for not complying with the terms of the contract. Of course, it is advisable to have the documents and other details examined by a legal expert because without seeing the details, it would not be proper to advise. However, it appears she has a good case to contest and claim compensation, refund of the security amount, and due salary.
Pkjain
From India, Delhi
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I think the option of filing a direct case as per the amended Act of 2010 under section 2A (2) is exhausted, but she still has the right to file a case under section 2A (1) of the ID Act, since there is no time limit prescribed under this section. If she wishes, she can file a case challenging her termination without following the proper course of action prescribed under the ID Act and without being afforded an opportunity. The case can be filed in Hyderabad, where she was recently posted.
I am also of the opinion that, in the given circumstances, she has the right to file a civil suit under the Specific Performance Act for not complying with the terms of the contract. Of course, it is advisable to have the documents and other details examined by a legal expert because without seeing the details, it would not be proper to advise. However, it appears she has a good case to contest and claim compensation, refund of the security amount, and due salary.
Pkjain
From India, Delhi
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf
Termination letter.doc