I met with an accident and was bed ridden for 2 months due to severe fractures. I have initially informed my manager about my absence. However, I have recovered and wanted to go back but i was informed that my employment has been terminated due to unauthorised absence. They say that they have tried to contact me and i was not reachable hence sent me letters which i haven't received.
I have all the medical documents but they say that system is updated as termination and they cant change it and they are refusing to provide any documents to me. what i believe is it against natural justice without even knowing or letting me explain the situation. I don't know what to do now.
From India, Hyderabad
I have all the medical documents but they say that system is updated as termination and they cant change it and they are refusing to provide any documents to me. what i believe is it against natural justice without even knowing or letting me explain the situation. I don't know what to do now.
From India, Hyderabad
First I hope you have recovered from injuries.
How did you inform manager?
Mail, phone or sent some one to tell him
How far is the office and Your residence?
How did the injury occur-during work or at hime?
You need to write to your MD and inform him about the illegal termination and request his intervention.
Send copies of your medical records for his perusal and seek to be taken back and leave regularised as EOL/sick leave etc.
In case higher ups do not help out you can think of going to Labour Officer if you are in worker category or go legal.
From India, Pune
3131How did you inform manager?
Mail, phone or sent some one to tell him
How far is the office and Your residence?
How did the injury occur-during work or at hime?
You need to write to your MD and inform him about the illegal termination and request his intervention.
Send copies of your medical records for his perusal and seek to be taken back and leave regularised as EOL/sick leave etc.
In case higher ups do not help out you can think of going to Labour Officer if you are in worker category or go legal.
From India, Pune
Dear Abid,
There are three things involved in your posts. Two are stated ones and third is one implied or assumptive. Stated things of your post are your sickness and termination arising thereof. The third that is unstated is termination arising out of your non-communication. You have not written anything in your post about how you remained in touch with your employers.
Yes, you were bed-ridden but did it mean that you had no means of communication? How many times your family members spoke with your employers or somebody from HR department and sought their guidance? Why you did not apply for Leave Without Pay (LWP) under medical grounds? Why you felt that once the manager is informed about sickness matter can be laid rest till your recovery?
Yes, since you were terminated without conducting domestic enquiry, it can be deemed as illegal. Nevertheless, the predicament that you are into could be due to non-communication. Howsoever, employee's sickness grave might be, it does not given exemption to him or her from dignified solemnness.
As stated by Mr Nathrao, you may write a letter to the MD of the company. However, rather than writing illegality of the termination, ask for your reinstatement. Secondly, include in this letter remorse for non-communication.
Thanks,
Dinesh Divekar
From India, Bangalore
There are three things involved in your posts. Two are stated ones and third is one implied or assumptive. Stated things of your post are your sickness and termination arising thereof. The third that is unstated is termination arising out of your non-communication. You have not written anything in your post about how you remained in touch with your employers.
Yes, you were bed-ridden but did it mean that you had no means of communication? How many times your family members spoke with your employers or somebody from HR department and sought their guidance? Why you did not apply for Leave Without Pay (LWP) under medical grounds? Why you felt that once the manager is informed about sickness matter can be laid rest till your recovery?
Yes, since you were terminated without conducting domestic enquiry, it can be deemed as illegal. Nevertheless, the predicament that you are into could be due to non-communication. Howsoever, employee's sickness grave might be, it does not given exemption to him or her from dignified solemnness.
As stated by Mr Nathrao, you may write a letter to the MD of the company. However, rather than writing illegality of the termination, ask for your reinstatement. Secondly, include in this letter remorse for non-communication.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Abid,
It is very sad to know that your employer has terminated you on ground of un-authorised absence(absconding) from service. You want to know whether your "Termination" is lawful or not. I do not have much idea about the nature of your establishment. There can be Termination on ground of unauthorised absence or absconding, under the provision laid down in standing order or rules framed by the establishment. Even though having provisions for termination but to have follow several procedures before terminating anyone. On basis of that ground and material facts provided by you the 'termination' is un just.
You have nothing except to try and make an appeal to your MD as suggested by Mr. Nath Rao . Now you need to move an application [along with medical documents & if any case registered for your accident in Police] through your Department Head (whom you had reported your incident) to HR , to give you joining as you have not received any communication. If no result yeild then you can cahllenge your termination in Labour Office by filing complaint. To file the complaint you need to have a copy of the Termination letter.
I am fully agreed with & Mr Divekar that you were bed-ridden but the communication could have been done by you as a E mail, whats app, SMS etc but you did not do it. If not made by you but your family members or friends could have done to avoid this situation.
From India, Mumbai
It is very sad to know that your employer has terminated you on ground of un-authorised absence(absconding) from service. You want to know whether your "Termination" is lawful or not. I do not have much idea about the nature of your establishment. There can be Termination on ground of unauthorised absence or absconding, under the provision laid down in standing order or rules framed by the establishment. Even though having provisions for termination but to have follow several procedures before terminating anyone. On basis of that ground and material facts provided by you the 'termination' is un just.
You have nothing except to try and make an appeal to your MD as suggested by Mr. Nath Rao . Now you need to move an application [along with medical documents & if any case registered for your accident in Police] through your Department Head (whom you had reported your incident) to HR , to give you joining as you have not received any communication. If no result yeild then you can cahllenge your termination in Labour Office by filing complaint. To file the complaint you need to have a copy of the Termination letter.
I am fully agreed with & Mr Divekar that you were bed-ridden but the communication could have been done by you as a E mail, whats app, SMS etc but you did not do it. If not made by you but your family members or friends could have done to avoid this situation.
From India, Mumbai
Hi. First of all try to get back the work in a diplomatic manner by approaching your office. Do not try to put the blame on others and try to reconcile with the fact that part of the issue also lies with you. Your admittance may mitigate the issue a lot and if the MD/ Director is convinced that you have a good cause for being on leave, he/she may even allow you to join though there may be some changes in the employment terms including taking you afresh or likewise. Confrontation may not solve the issue but diplomacy and admitting the fault may help you in getting back the job. Communication as already stressed by some of the experts, is vital, especially having it on records. Wish you good luck.
From India, Hyderabad
From India, Hyderabad
Dear Abid,
1. One very important information you need to share in the Forum is as to how did you inform to your employer about your inability to attend office on account of accident?
2. To whom did you inform?
3. What is your designation? Do you fall under workmen category?
4. Have your employer issued you termination letter? If not then go to your office and report for duty, meet with your supervisor/HOD/HR every one ask them to be taken on duty. Go with photocopies of all the document related with accident.
5. If you have documents to prove that you had informed them, no matter you can challenge the termination and you will be reinstated may be with back wages minus your period of sickness.
6. If you are under workmen category meet the Government Labour officer or whatever is the authority in this regard and raise an industrial dispute.
7. If you are a workmen, your employer CAN NOT Terminate your services simply.
8. Please do not forget to take the help of a good advocate who has experience of handling such matters.
9. In case you are member of a Trade Union, go to them.
Warm Regards
Bharat Gera
HR Consultant
9322404765
From India, Thane
1. One very important information you need to share in the Forum is as to how did you inform to your employer about your inability to attend office on account of accident?
2. To whom did you inform?
3. What is your designation? Do you fall under workmen category?
4. Have your employer issued you termination letter? If not then go to your office and report for duty, meet with your supervisor/HOD/HR every one ask them to be taken on duty. Go with photocopies of all the document related with accident.
5. If you have documents to prove that you had informed them, no matter you can challenge the termination and you will be reinstated may be with back wages minus your period of sickness.
6. If you are under workmen category meet the Government Labour officer or whatever is the authority in this regard and raise an industrial dispute.
7. If you are a workmen, your employer CAN NOT Terminate your services simply.
8. Please do not forget to take the help of a good advocate who has experience of handling such matters.
9. In case you are member of a Trade Union, go to them.
Warm Regards
Bharat Gera
HR Consultant
9322404765
From India, Thane
Dear colleague,
If you have informed that your absence is due to accident immediately and followed it up from time to time in writing with proper medical certificates till your reporting for work, the management's action of termination is patently illegal.
You can raise a dispute by engaging competent Labour Lawyer by invoking provisions under the Industrial Disputes Act/Rules provided you fall in workman category.
Before taking that step, give a try to approaching the highest authority in your company,as advised above, by putting all facts/documents and appealing him for his intervention for your reinstatement.
If you don't succeed, then resort to legal action.
Regards
Vinayak Nagarkar
HR-Consultant
From India, Mumbai
If you have informed that your absence is due to accident immediately and followed it up from time to time in writing with proper medical certificates till your reporting for work, the management's action of termination is patently illegal.
You can raise a dispute by engaging competent Labour Lawyer by invoking provisions under the Industrial Disputes Act/Rules provided you fall in workman category.
Before taking that step, give a try to approaching the highest authority in your company,as advised above, by putting all facts/documents and appealing him for his intervention for your reinstatement.
If you don't succeed, then resort to legal action.
Regards
Vinayak Nagarkar
HR-Consultant
From India, Mumbai
Almost a month has passed since the raising of the thread and certain follow-up questions from the respondents. But no further response from the poster so far. Even the poster did not mention in what capacity he was employed at the time of the incident. This is the way that some questioners usually adopt.
From India, Salem
From India, Salem
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No Due Certificate.doc
Termination-emp loyment_563.pdf