Dear Dats.
You haven't mentioned grade / level or nature of duties. If you are held workmen under the applicable enactment, the company will have to follow pinciples of natural justice before taking any action. For any prudent employer it is mandatory to give an opportunity of being heard to employee before pronouncing action. Termination is exteme action, before imposing, due process is required to be followed. Most of the countries have this provision under their respective labour laws applicable and service conditions framed thereunder. At least appropriate notice payment is due in this case ( if you are supervisory or managerial level)
The action is totally illegal and hence requires immediate remedy on part of the employer.
You may take appropriate legal help. Any practising advocate in Labour court or Industrial Tribunal or High court will be able to advise you at reasonable cost. Immediately prepare a notice and serve on your employer with copy to Legal machinery ( Asst. Labour commissioner, (Central) Pune )
You deserve justice and must fight for it.
From India
You haven't mentioned grade / level or nature of duties. If you are held workmen under the applicable enactment, the company will have to follow pinciples of natural justice before taking any action. For any prudent employer it is mandatory to give an opportunity of being heard to employee before pronouncing action. Termination is exteme action, before imposing, due process is required to be followed. Most of the countries have this provision under their respective labour laws applicable and service conditions framed thereunder. At least appropriate notice payment is due in this case ( if you are supervisory or managerial level)
The action is totally illegal and hence requires immediate remedy on part of the employer.
You may take appropriate legal help. Any practising advocate in Labour court or Industrial Tribunal or High court will be able to advise you at reasonable cost. Immediately prepare a notice and serve on your employer with copy to Legal machinery ( Asst. Labour commissioner, (Central) Pune )
You deserve justice and must fight for it.
From India
First up thanks everyone for their responses; I am quite chuffed with them.
As per these questions go here r the replies :
Q1. Till which date to which date yo were on leave? My approved leaves were till 6th Feb; then I applied for extension from 9th to 15th an then 17th t 5th March; the status of which I couldnt check bcuz of the ailing member.
Q2. Do you have the approval mail from your PM / HR ? Yes my leaves till 6th were approved, I never knew the leaves were rejected untill I got the first letter to report to work.
Q3. Have you applied for leave extension ? Do you have that mail / letter ? Yes I do; scanned copy of the website used for Leave appliation.
Q4. Did you get approval for extension from your PM ? Do you have that mail ? I applied but during the time my PM changed; I was releived of my project and sent to buffer which I was unaware as I wasnt online.
Q5. What is the exact aligation against you? Have they mentioned any dates ? They say that I have not reported on the day I was asked to. And they tell me I have not informed anyone; I did informed one of the guys who emailed eveyrone in the distro.
They have declared me absconding since 9th Feb. THe letter which was sent out on 24th Feb wanted me to report on 27th Feb(just 3 days)and moreover I got this letter on 28thFeb(Saturday)
Q6. The best person to support you is your reporting authority. What is he telling regarding this ?
I didnt had a PM when I was expelled, i tried to talk to the PM and Group Head but they dont want to pin in as they say they dont have any control.
Far as I see I need to report this to court.; on the contrary I feel shall I not just blast the faces of the HR and Mgmt informing that you have done me wrong; you may as well sort this matter or I'll have to go to court.
Bcuz honestly I just dont wanna work tere anymore; all I want is my relieving;experience and the money the genuine money the company owes me.
Thanks again for everyone pitching in.
From India, Calcutta
As per these questions go here r the replies :
Q1. Till which date to which date yo were on leave? My approved leaves were till 6th Feb; then I applied for extension from 9th to 15th an then 17th t 5th March; the status of which I couldnt check bcuz of the ailing member.
Q2. Do you have the approval mail from your PM / HR ? Yes my leaves till 6th were approved, I never knew the leaves were rejected untill I got the first letter to report to work.
Q3. Have you applied for leave extension ? Do you have that mail / letter ? Yes I do; scanned copy of the website used for Leave appliation.
Q4. Did you get approval for extension from your PM ? Do you have that mail ? I applied but during the time my PM changed; I was releived of my project and sent to buffer which I was unaware as I wasnt online.
Q5. What is the exact aligation against you? Have they mentioned any dates ? They say that I have not reported on the day I was asked to. And they tell me I have not informed anyone; I did informed one of the guys who emailed eveyrone in the distro.
They have declared me absconding since 9th Feb. THe letter which was sent out on 24th Feb wanted me to report on 27th Feb(just 3 days)and moreover I got this letter on 28thFeb(Saturday)
Q6. The best person to support you is your reporting authority. What is he telling regarding this ?
I didnt had a PM when I was expelled, i tried to talk to the PM and Group Head but they dont want to pin in as they say they dont have any control.
Far as I see I need to report this to court.; on the contrary I feel shall I not just blast the faces of the HR and Mgmt informing that you have done me wrong; you may as well sort this matter or I'll have to go to court.
Bcuz honestly I just dont wanna work tere anymore; all I want is my relieving;experience and the money the genuine money the company owes me.
Thanks again for everyone pitching in.
From India, Calcutta
Hi I am sorry to hear the injustice done towards you.I think you should approach the labor law if the HR and Senior Management is not ready to listen you.
Dear Friend,
Do you have a proof of your leave application?
Did you receive any acknowledgement for your leave application?
If you have received,you may carry that documen too when you approach the labour department.
If you did not receive the acknowledgement,did you make any effort to call up your immediate manager or HR to inform the situation.
Regards
Promodini
From India, Bangalore
Do you have a proof of your leave application?
Did you receive any acknowledgement for your leave application?
If you have received,you may carry that documen too when you approach the labour department.
If you did not receive the acknowledgement,did you make any effort to call up your immediate manager or HR to inform the situation.
Regards
Promodini
From India, Bangalore
Hi,
I feel there is lack of proper communication between u & ur reporting manager. Pls interact with ur line manager. If u had kept ur reporting manager updated on regular basis, the problem would not have arisen in the first place.
Since the issue had alredy gone out of hand, you need to appraoch the labour court with all the available documents, so that a proper legal action can be initiated.
For Mr. Ravi -- Pls don't provoke people to do acts outside the legal preview. Also you need to evaluate every sitaution rationally and not emotionally and guide people accordingly. I went through the previous other posts and came to know that you are a senior CiteHR member. By provoking people in this manner, you are not setting a very good example for others.
Regards--
Debashish
From India, Delhi
I feel there is lack of proper communication between u & ur reporting manager. Pls interact with ur line manager. If u had kept ur reporting manager updated on regular basis, the problem would not have arisen in the first place.
Since the issue had alredy gone out of hand, you need to appraoch the labour court with all the available documents, so that a proper legal action can be initiated.
For Mr. Ravi -- Pls don't provoke people to do acts outside the legal preview. Also you need to evaluate every sitaution rationally and not emotionally and guide people accordingly. I went through the previous other posts and came to know that you are a senior CiteHR member. By provoking people in this manner, you are not setting a very good example for others.
Regards--
Debashish
From India, Delhi
PL collect all necessary documents and approach to the labour court they will definitely help you out regarding this ill practice.
IF you are visited on 5th ,you might have singned in visitors book?
get the prrof and simply approach labour court or else meet some CITU/AITUC people
definitely they will help you depends upon your truthfulness.
Regards
POTAN MANOHAR
From India, Hyderabad
IF you are visited on 5th ,you might have singned in visitors book?
get the prrof and simply approach labour court or else meet some CITU/AITUC people
definitely they will help you depends upon your truthfulness.
Regards
POTAN MANOHAR
From India, Hyderabad
Dear Ash,
I do not understand why you are so much inclined to take side by Ravi?? Though justified it really does not matter what he writes??
Now, as far as the legal actions are concerned.. the friend who initially posted the thread is completely out of this and is not responding to any one of our posts.
If that is the case the issue cannot be bought out in open. If the issue does not come up it is impossible to go to the roots to note solution.
Now if the company has indulged in such a deed.
I would suggest (personally though not perfect) to leave that company without any litigation.
Reason is if the litigation is filed we do not know how many years will it take or decades it will take to get you with justice.
We can quietly walk out of the company, search for the job and if the amount of reimbursements are high, i would go with the fact that the money was with fate and it was not meant for me. Emotional but factual.
Let me take my personal experience, I was working with a company in Ahmedabad itself. It was a BPO (US Process). We were not paid our salary on time and so we decided to launch a campaign against him for opposition. Due this action, we were paid half the money.
Tired of such condition, i quit job due to irregular salary cycle. After one and half month the news was on the front page of the Ahmedabad Mirror that the BPO boss fled away.
And BANG!!! I lost my incentives, basics and the allowance for two months which came up to 20,000 INR. The employees filed a case against him for extortion and police said they would look into the case. It is now 6 months and 20 days they have not even found where he is, what is he doing and what about the money???
Nothing comes out against such people friend, so take my Advice (ball is in your court for decision) dont file in law suit because this are big people and frankly nothing can be done against them. They will turn the case up side down and throw us in the bin.
I hope this might help us in getting a bit clear picture.
From India, Madurai
2I do not understand why you are so much inclined to take side by Ravi?? Though justified it really does not matter what he writes??
Now, as far as the legal actions are concerned.. the friend who initially posted the thread is completely out of this and is not responding to any one of our posts.
If that is the case the issue cannot be bought out in open. If the issue does not come up it is impossible to go to the roots to note solution.
Now if the company has indulged in such a deed.
I would suggest (personally though not perfect) to leave that company without any litigation.
Reason is if the litigation is filed we do not know how many years will it take or decades it will take to get you with justice.
We can quietly walk out of the company, search for the job and if the amount of reimbursements are high, i would go with the fact that the money was with fate and it was not meant for me. Emotional but factual.
Let me take my personal experience, I was working with a company in Ahmedabad itself. It was a BPO (US Process). We were not paid our salary on time and so we decided to launch a campaign against him for opposition. Due this action, we were paid half the money.
Tired of such condition, i quit job due to irregular salary cycle. After one and half month the news was on the front page of the Ahmedabad Mirror that the BPO boss fled away.
And BANG!!! I lost my incentives, basics and the allowance for two months which came up to 20,000 INR. The employees filed a case against him for extortion and police said they would look into the case. It is now 6 months and 20 days they have not even found where he is, what is he doing and what about the money???
Nothing comes out against such people friend, so take my Advice (ball is in your court for decision) dont file in law suit because this are big people and frankly nothing can be done against them. They will turn the case up side down and throw us in the bin.
I hope this might help us in getting a bit clear picture.
From India, Madurai
Dear Friend,
Every time you are supporting Mr. Ravi. Kindly dont encourage these kind of person. Seriou topic is going on but he gave worst response and unprofessional taught so please ash and all friends dont encourage this person. Ash why you have a soft corner on him. If i said anything wrong am sorry for that.......
From India
Every time you are supporting Mr. Ravi. Kindly dont encourage these kind of person. Seriou topic is going on but he gave worst response and unprofessional taught so please ash and all friends dont encourage this person. Ash why you have a soft corner on him. If i said anything wrong am sorry for that.......
From India
I can identify two major problem and assuming one problem at the company side.
Prob -1 - you have applied for leave extension, but you do not have approval for the same
Prob - 2 - You have communicated to "someone" regarding leave extension. This person should be either your PL / PM or your HR. If he is not any of these, your communication is as good as "No communication"
Assumption - Was the reason for your release was, you were not there after 6th Feb ?? If so, it means the person you have communicated regd your leave extension has not communicated to the right authority. Which means, to the company - "you are absconding without notice"
don't mind if my assumption hurts you. I am trying to understand the exact situation and at the end I shall give you a solution (hopefully).
From India, Bangalore
Prob -1 - you have applied for leave extension, but you do not have approval for the same
Prob - 2 - You have communicated to "someone" regarding leave extension. This person should be either your PL / PM or your HR. If he is not any of these, your communication is as good as "No communication"
Assumption - Was the reason for your release was, you were not there after 6th Feb ?? If so, it means the person you have communicated regd your leave extension has not communicated to the right authority. Which means, to the company - "you are absconding without notice"
don't mind if my assumption hurts you. I am trying to understand the exact situation and at the end I shall give you a solution (hopefully).
From India, Bangalore
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