Hi all,
Thank you so very much for your efforts; highly appreciated. I was aware of the change in my manager, but I was not under his direct team; instead, I was in a different project. That is the reason I did not have his number. I was in my hometown when this happened, and it occurred only because of a family traditional matter that could not be disregarded. I asked my Subject Matter Expert (SME) to inform my manager as he was not nearby when I called him, and my SME passed on the information.
I explained everything upon my return. I was not instructed to submit a resignation letter but to return the company's property (ID Card). Absconding occurs only if you fail to inform someone in a higher position than yours.
Could you shed some more light on this situation, please?
Thanks
From India, New Delhi
Thank you so very much for your efforts; highly appreciated. I was aware of the change in my manager, but I was not under his direct team; instead, I was in a different project. That is the reason I did not have his number. I was in my hometown when this happened, and it occurred only because of a family traditional matter that could not be disregarded. I asked my Subject Matter Expert (SME) to inform my manager as he was not nearby when I called him, and my SME passed on the information.
I explained everything upon my return. I was not instructed to submit a resignation letter but to return the company's property (ID Card). Absconding occurs only if you fail to inform someone in a higher position than yours.
Could you shed some more light on this situation, please?
Thanks
From India, New Delhi
Dear Sshres02,
The punishment awarded to you by your management is disproportionate to the gravity of your misconduct. Previous record of service has to be taken into account while awarding punishment. Proper procedure has to be followed before awarding punishment, by which the natural justice of the law is regarded. The court never supports such termination by an employer. In termination, there should be a very strong reason or ground. There are many case laws in this regard.
In your case, overstaying 18 days is not a strong enough ground to terminate your service. Also, no letter of termination has been given to you. There has been no oral termination. Even in the case of losing lien on employment, the punishment should be to keep the employee on the waiting list for a vacancy. Additionally, there should be some written communication regarding this matter.
Under these circumstances, I once again strongly recommend the remedy suggested by the anonymous individual.
I wish you good luck!
From India, Mumbai
2584The punishment awarded to you by your management is disproportionate to the gravity of your misconduct. Previous record of service has to be taken into account while awarding punishment. Proper procedure has to be followed before awarding punishment, by which the natural justice of the law is regarded. The court never supports such termination by an employer. In termination, there should be a very strong reason or ground. There are many case laws in this regard.
In your case, overstaying 18 days is not a strong enough ground to terminate your service. Also, no letter of termination has been given to you. There has been no oral termination. Even in the case of losing lien on employment, the punishment should be to keep the employee on the waiting list for a vacancy. Additionally, there should be some written communication regarding this matter.
Under these circumstances, I once again strongly recommend the remedy suggested by the anonymous individual.
I wish you good luck!
From India, Mumbai
I can see my original assumption was right. Your leave extension was planned, not an emergency. In all probability, you were refused leave for the extended period. Obviously, the management would not accept it.
Back to the main problem, though: you did not receive any letter from them? Relieving letter, termination letter, nothing? What will you show to the next company when you join? They will ask you for a relieving letter, right?
It looks like you have a very smart HR department.
You were 18 days late, then you were not allowed to work when you joined. I think attendance was not recorded. After that, another 45 days passed. There is no record of you informing your SME, no record of you coming to the office after that. Not being there for 2 months is a perfect grounds to declare you absconding.
You better figure out what you want to do.
If you have got another job, then just meet the old company and get them to change the status to resigned and get your relieving letter.
If, on the other hand, you want to get back to them (and my above assumptions are right), you will have to raise an industrial dispute for unfair termination on the grounds other members have stated, but you will need a good lawyer/consultant/union support and lots of patience to wait for the relief.
From India, Mumbai
Back to the main problem, though: you did not receive any letter from them? Relieving letter, termination letter, nothing? What will you show to the next company when you join? They will ask you for a relieving letter, right?
It looks like you have a very smart HR department.
You were 18 days late, then you were not allowed to work when you joined. I think attendance was not recorded. After that, another 45 days passed. There is no record of you informing your SME, no record of you coming to the office after that. Not being there for 2 months is a perfect grounds to declare you absconding.
You better figure out what you want to do.
If you have got another job, then just meet the old company and get them to change the status to resigned and get your relieving letter.
If, on the other hand, you want to get back to them (and my above assumptions are right), you will have to raise an industrial dispute for unfair termination on the grounds other members have stated, but you will need a good lawyer/consultant/union support and lots of patience to wait for the relief.
From India, Mumbai
Dear Korgaonkar,
It seems that you have not read any of the appointment letters issued by the company and straight away signed and kept it with you. Don't take it otherwise. The termination clause in the appointment letter is very important to read with care, not to avoid with the thought that "no one will terminate me without any strong reason."
Yes, only after confirmation, the employer must have a strong reason to terminate the employee, following the complete proper procedure of termination. This is just for your reference.
Chill HR
From India, Gurgaon
It seems that you have not read any of the appointment letters issued by the company and straight away signed and kept it with you. Don't take it otherwise. The termination clause in the appointment letter is very important to read with care, not to avoid with the thought that "no one will terminate me without any strong reason."
Yes, only after confirmation, the employer must have a strong reason to terminate the employee, following the complete proper procedure of termination. This is just for your reference.
Chill HR
From India, Gurgaon
Dear All,
I thank those who have encouraged me to study more and read more, especially Dear Chill HR.
I wish to draw the kind attention of all the dignitaries who have participated in this discussion to the Supreme Court Judgment in Uptron India v. Shammi Bhan. In this case, the Supreme Court has ruled that a clause in a service order stating that the services of an employee who overstays leave would be automatically terminated is in violation of articles 14, 16, and 21 of the constitution. The court further emphasized that taking any action based on such a rule without giving the employee an opportunity to be heard would be entirely unjust, arbitrary, and unfair.
I once again strongly recommend that the person seeking advice proceed with the letter as suggested by Anonymous if they have not already done so.
From India, Mumbai
I thank those who have encouraged me to study more and read more, especially Dear Chill HR.
I wish to draw the kind attention of all the dignitaries who have participated in this discussion to the Supreme Court Judgment in Uptron India v. Shammi Bhan. In this case, the Supreme Court has ruled that a clause in a service order stating that the services of an employee who overstays leave would be automatically terminated is in violation of articles 14, 16, and 21 of the constitution. The court further emphasized that taking any action based on such a rule without giving the employee an opportunity to be heard would be entirely unjust, arbitrary, and unfair.
I once again strongly recommend that the person seeking advice proceed with the letter as suggested by Anonymous if they have not already done so.
From India, Mumbai
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