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 them allotted a base station in Hyderabad. Towards the months of June/July/August acute staff shortage forced the airlines to put her on a 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. In spite of these the Base was finding faults with her on the documents and the communication she was providing to her employers on her sickness. Ultimately she put in her papers on 19th September 2009 vide email that 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 that was posted by courier and received 2 days later. My daughter had a signed a service bond by depositing a sum of Rs 50K that was refundable after 3 years. Her contract stated 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
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 of September 2009.
R.S.Marvay
Advisor
MarvaynAssociates
From India, Ludhiana
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 them allotted a base station in Hyderabad. Towards the months of June/July/August acute staff shortage forced the airlines to put her on a 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. In spite of these the Base was finding faults with her on the documents and the communication she was providing to her employers on her sickness. Ultimately she put in her papers on 19th September 2009 vide email that 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 that was posted by courier and received 2 days later. My daughter had a signed a service bond by depositing a sum of Rs 50K that was refundable after 3 years. Her contract stated 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
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 of September 2009.
R.S.Marvay
Advisor
MarvaynAssociates
From India, Ludhiana
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
From India, Mumbai
Hello Mr R.S. Marvay,
Seeking the advise a professional would be good.
However the following points would help you to prepare well.
1.0 You have said that your daughter put up the papers on 19 and on 20 termination letter was issued.
2.0 Does the termination letter have any reference to the resignation letter of 19. If it has reference, then the case would be construed as acceptance of resignation and not a termination from the employer side.
3.0 In her employment letter, is there any clause that says she can be given any other job?
4.0 If the organizartion has refuted the medical documents, then they have been preparing for a case.
5.0 Please see which documents are in your favour.
Fighting a legal battle with a corporate could be very dicey.However a settlement could be a better option.
Before taking any such decision, please seek the advise of a professional.
V.Raghunathan..................................... ............................................... Navi Mumbai
From India
Seeking the advise a professional would be good.
However the following points would help you to prepare well.
1.0 You have said that your daughter put up the papers on 19 and on 20 termination letter was issued.
2.0 Does the termination letter have any reference to the resignation letter of 19. If it has reference, then the case would be construed as acceptance of resignation and not a termination from the employer side.
3.0 In her employment letter, is there any clause that says she can be given any other job?
4.0 If the organizartion has refuted the medical documents, then they have been preparing for a case.
5.0 Please see which documents are in your favour.
Fighting a legal battle with a corporate could be very dicey.However a settlement could be a better option.
Before taking any such decision, please seek the advise of a professional.
V.Raghunathan..................................... ............................................... Navi Mumbai
From India
Mr. Keshav ji
I think the option of filing of direct case as per amended Act, 2010 under section 2A (2) is exhausted but she still has a 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 so wish can file a case challenging her termination without adopting the proper course of action prescribed under the ID Act and without affording an opportunity. The case can be filed in Hyderabad where she was lately posted.
I also of the opinion the, in the given circumstances, she has a right to file a civil suit under the specific performance Act for not complying with the terms of contract. Of course, it is advisable to get the documents and other details examined from a legal expert because without seeing the details it would not be proper to advice. But it appears she has a good case to contest and claim compensation etc and also refund of security amount and due salary.
Pkjain
From India, Delhi
I think the option of filing of direct case as per amended Act, 2010 under section 2A (2) is exhausted but she still has a 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 so wish can file a case challenging her termination without adopting the proper course of action prescribed under the ID Act and without affording an opportunity. The case can be filed in Hyderabad where she was lately posted.
I also of the opinion the, in the given circumstances, she has a right to file a civil suit under the specific performance Act for not complying with the terms of contract. Of course, it is advisable to get the documents and other details examined from a legal expert because without seeing the details it would not be proper to advice. But it appears she has a good case to contest and claim compensation etc and also refund of security amount and due salary.
Pkjain
From India, Delhi
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