Dear Sourav Roy,
After going through your posts and the correspondence between you and your company available here, what I could gathered is, your company is not professionally managed one and you also are lacking in defending yourself in proper way. You need to consult good advocate to defend yourself.
Unless one has all the papers in actual before him in respect to related to matter, it is wrong to give concrete opinion. Still on the basis of what I understood, my points are as under:
1. In lock down you did not work.
2. On 25.05.2020 you reported your duty but your employer did not allowed you to report.
3. Then you received an enquiry letter first and then show-cause letter, as you stated, seems to me something fishy.
4. You are alleged by the company that you have not reported to duty on 14th May 2020 and you preferred to remain silent until you received the letter of company dated 1st June 2020 without mentioning your reporting on 25.05.2020.
5. You are saying that your company asked you to report on 21.05.2020 but you reported on 27.05.2020 (earlier to said 25.05.2020).
Here so many questions arise in my mind, few of them as under:
(i) Did your company informed you to report your duty on 14th May 2020 by whatever the mode of communication best available during lockdown?
(ii) Did your company made any transport arrangement for you?
(iii)Did your company informed you about what measures are taken by it in respect of your safety as per guidelines / SOP by government?
(iv) Did you gone on record that you reported your duty on 25.05.2020 but company has not allowed you to report till date despite you wanted to report?
(v) Did your company stated that you have to report your duty on or before this date failing which legal action will be taken, in any of the so called letters received by you named as enquiry letter and show cause letter?
(v) Did you received any suspension pending inquiry? (Seems to be not)
(Vi)Did your company fixed impartial enquiry in to the charges levelled against you?
Your name can not be deleted from the muster roll of the company as stated.
It seems your company is in violation of many things including not paying you salary during lockdown till 18.05.2020.
You need to defend the action by your company against you in proper way and for that you need good advocate as what I feel, I repeat it again.
Taking advise from forum like this, you can not defend yourself.
From India, Mumbai
183After going through your posts and the correspondence between you and your company available here, what I could gathered is, your company is not professionally managed one and you also are lacking in defending yourself in proper way. You need to consult good advocate to defend yourself.
Unless one has all the papers in actual before him in respect to related to matter, it is wrong to give concrete opinion. Still on the basis of what I understood, my points are as under:
1. In lock down you did not work.
2. On 25.05.2020 you reported your duty but your employer did not allowed you to report.
3. Then you received an enquiry letter first and then show-cause letter, as you stated, seems to me something fishy.
4. You are alleged by the company that you have not reported to duty on 14th May 2020 and you preferred to remain silent until you received the letter of company dated 1st June 2020 without mentioning your reporting on 25.05.2020.
5. You are saying that your company asked you to report on 21.05.2020 but you reported on 27.05.2020 (earlier to said 25.05.2020).
Here so many questions arise in my mind, few of them as under:
(i) Did your company informed you to report your duty on 14th May 2020 by whatever the mode of communication best available during lockdown?
(ii) Did your company made any transport arrangement for you?
(iii)Did your company informed you about what measures are taken by it in respect of your safety as per guidelines / SOP by government?
(iv) Did you gone on record that you reported your duty on 25.05.2020 but company has not allowed you to report till date despite you wanted to report?
(v) Did your company stated that you have to report your duty on or before this date failing which legal action will be taken, in any of the so called letters received by you named as enquiry letter and show cause letter?
(v) Did you received any suspension pending inquiry? (Seems to be not)
(Vi)Did your company fixed impartial enquiry in to the charges levelled against you?
Your name can not be deleted from the muster roll of the company as stated.
It seems your company is in violation of many things including not paying you salary during lockdown till 18.05.2020.
You need to defend the action by your company against you in proper way and for that you need good advocate as what I feel, I repeat it again.
Taking advise from forum like this, you can not defend yourself.
From India, Mumbai
Sir , thank you for giving me enough time and the valuable points you raise .
I am answering your points one by one.
1. Yes it is right.
2. actually I reported duty on 27.05.20. After working 2 hours in my office, the management person called me and directed me not to come to the office from the next day until he called me again.
3 yes you right but first letter I received on 10.06.20.4. totally false allegation . received w/a message on 20.05.20 for reporting 21.05.20 on wards. I replied I will report within 4/5 days due to some personal problem.
5. No, I reported duty on 27.05.20 (om 25.05.20 i sent a message to my co worker informing him that i will join on 27.05.20).
For other points what i would clear to you...
(i) No such communication done.
(ii) No such things made for me. but they know i have a old moped
(iii) No such safety percussion or sop guideline informs me before .
(iv) I sent the first mail on 27.05.20 and last mail dated 09.06.20 to the company's most senior authorized person ( head office director level) about the matter. next in last i replied s/c letter to that management person on 17.06.20 .until today they remain silent.
(v) They didn't send me any such letter.
(vi) No such matter for me.
My Hod and colleagues several times meet that management person and ask him about the matter but he remains silent.
should i write another letter to the director level before take help of consultant that what wrong is going on me.. It kept me ideal for a month
Thanks & Regards.
Sourav Roy
From India, Ballygunge
I am answering your points one by one.
1. Yes it is right.
2. actually I reported duty on 27.05.20. After working 2 hours in my office, the management person called me and directed me not to come to the office from the next day until he called me again.
3 yes you right but first letter I received on 10.06.20.4. totally false allegation . received w/a message on 20.05.20 for reporting 21.05.20 on wards. I replied I will report within 4/5 days due to some personal problem.
5. No, I reported duty on 27.05.20 (om 25.05.20 i sent a message to my co worker informing him that i will join on 27.05.20).
For other points what i would clear to you...
(i) No such communication done.
(ii) No such things made for me. but they know i have a old moped
(iii) No such safety percussion or sop guideline informs me before .
(iv) I sent the first mail on 27.05.20 and last mail dated 09.06.20 to the company's most senior authorized person ( head office director level) about the matter. next in last i replied s/c letter to that management person on 17.06.20 .until today they remain silent.
(v) They didn't send me any such letter.
(vi) No such matter for me.
My Hod and colleagues several times meet that management person and ask him about the matter but he remains silent.
should i write another letter to the director level before take help of consultant that what wrong is going on me.. It kept me ideal for a month
Thanks & Regards.
Sourav Roy
From India, Ballygunge
Dear Sourav Roy,
My advise to you is, you should not make any correspondence with your employer now. Better you connect with any good advocate locally with all the correspondence you had with your company up till now including your letter of appointment etc., evidence of your working on 27.05.2020 for 2 hours.
From India, Mumbai
My advise to you is, you should not make any correspondence with your employer now. Better you connect with any good advocate locally with all the correspondence you had with your company up till now including your letter of appointment etc., evidence of your working on 27.05.2020 for 2 hours.
From India, Mumbai
After waiting two months finally they Recall me again. Thanks to everyone who gave me important advice in my time of need. Thanks & regards. sourav roy.
From India, Ballygunge
From India, Ballygunge
Dear Sourav,
The sufferings of employees is more so considering the “style of living” of our workforce. The suffering is due to no fault of employee, employer or Govt. It is due to the foreseen unpredicted and unpredictable calamity – pandemic. It is quite natural that the employees expect the employer to take care of their survival too. (This expectation is little high, for the relationship between the employer – employee is a contract for / of service and on remuneration).
Strictly speaking, it is the duty of the Government to take care of all citizens in such a crisis. This means, includes employees and working force too. Everyone would also agree that it is the responsibility of the Govt. But, the crisis can be overcome ONLY with the concerted action by Govt. and support of society at large. In view of this dictum the Government expects support from Industrialists and employers.
Also, based upon the comments on our folks, which they would have done so to protect you, please do not go and dig-up whether you or your company is professional or not. Having put-in 13 long years of services, you naturally have a liking for each other, also do not get carried away with your "mood swings", speak to the management politely, pick-up professional styles, (its never too late), be proactive, be punctual and do not be late as you were. Everything will be okay.
Wish to see you managing your company one day. Drop a thread when it happens.
All the very best.
K Mukund
From India, Madras
The sufferings of employees is more so considering the “style of living” of our workforce. The suffering is due to no fault of employee, employer or Govt. It is due to the foreseen unpredicted and unpredictable calamity – pandemic. It is quite natural that the employees expect the employer to take care of their survival too. (This expectation is little high, for the relationship between the employer – employee is a contract for / of service and on remuneration).
Strictly speaking, it is the duty of the Government to take care of all citizens in such a crisis. This means, includes employees and working force too. Everyone would also agree that it is the responsibility of the Govt. But, the crisis can be overcome ONLY with the concerted action by Govt. and support of society at large. In view of this dictum the Government expects support from Industrialists and employers.
Also, based upon the comments on our folks, which they would have done so to protect you, please do not go and dig-up whether you or your company is professional or not. Having put-in 13 long years of services, you naturally have a liking for each other, also do not get carried away with your "mood swings", speak to the management politely, pick-up professional styles, (its never too late), be proactive, be punctual and do not be late as you were. Everything will be okay.
Wish to see you managing your company one day. Drop a thread when it happens.
All the very best.
K Mukund
From India, Madras
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Some important Employment and labour law notifications during Covid 19 lockdown - consolidated b.jpg
Some important Employment and labour law notifications during Covid 19 lockdown - consolidated b.pdf