Due to my unexpected sickness I was on leave for 1.5 months and I had to take rest and treatment as per advice of Doctors. In the mean time I had submitted all my medical reports and leave applications in lieu of that and also my leaves were granted for the same against my CL & PL and my salary was made. But after that company has been struck off my name without any prier intimation, show cause and without any investigation by saying that you are not submitted the desired documents hence your services has been dismiss and advised deposit the three months notice pay.
Does company have right to direct terminate the employee without any prier intimation / show cause / any investigation even without notice pay when he was on medical?
Does company should demand the three month notice pay when as per contract where it is only one month?
Afterall company not release my bonus etc. which is also more than one month notice pay.
Please suggest me what will I do
Jagdish Gupta
From India, Delhi
1Does company have right to direct terminate the employee without any prier intimation / show cause / any investigation even without notice pay when he was on medical?
Does company should demand the three month notice pay when as per contract where it is only one month?
Afterall company not release my bonus etc. which is also more than one month notice pay.
Please suggest me what will I do
Jagdish Gupta
From India, Delhi
Hello,
No company can strike away the name without intimation & cannot ask for 3 months notice pay if the rule mentioned in appointment letter / company policy says one month. Company might invite legal proceedings against it in such case. For bonus if you've worked for 30 days in preceding year, then you are eligible.
Meanwhile, can you explain how was the leave application made; was it written mail or just verbal. Similarly how was the approval given; written or verbal?
From India, Ahmedabad
No company can strike away the name without intimation & cannot ask for 3 months notice pay if the rule mentioned in appointment letter / company policy says one month. Company might invite legal proceedings against it in such case. For bonus if you've worked for 30 days in preceding year, then you are eligible.
Meanwhile, can you explain how was the leave application made; was it written mail or just verbal. Similarly how was the approval given; written or verbal?
From India, Ahmedabad
dear uday,
better approch to local labour commissioner office (if you don't want to continue present job) for settlement, shop & establishment officer, provident fund enforment officer of your area for settlement
shashi
From India, Mumbai
better approch to local labour commissioner office (if you don't want to continue present job) for settlement, shop & establishment officer, provident fund enforment officer of your area for settlement
shashi
From India, Mumbai
Dear Mr. Hiral Mehta Thanks for your early response I was applied leave in writing with standard leave format of my company along with the medical documents.
From India, Delhi
From India, Delhi
THis is against the values and principle of natural justice. Please take appropriate action against the employer.
From India, Pune
From India, Pune
Dear Mr.Udai,
Normally even before proceeding on any type of leave, prior intimation and approval is required. In your case, you had mentioned you had gone on one and half months leave (due to illness). Has it been properly communicated and got due acknowledgment from the concerned authorities. If that has happened, you can first try to get explanation from your Organization, quoting their approval.
If you had not got any acknowledgment as a proof for submission of your documents, then you are in a weak wicket. In any case, consult a good legal adviser and proceed accordingly.
Best of luck.
Regards,
From India, Mumbai
Normally even before proceeding on any type of leave, prior intimation and approval is required. In your case, you had mentioned you had gone on one and half months leave (due to illness). Has it been properly communicated and got due acknowledgment from the concerned authorities. If that has happened, you can first try to get explanation from your Organization, quoting their approval.
If you had not got any acknowledgment as a proof for submission of your documents, then you are in a weak wicket. In any case, consult a good legal adviser and proceed accordingly.
Best of luck.
Regards,
From India, Mumbai
Dear Udai,
Firstly, I will like to know if Standing Orders are applicable in your organisation and you are governed by them?
Secondly, as you say, you have been submitting medical certificates to management alongwith your applications for leave, please check if you have retained any valid proof of their despatch.
In view of the reply coming to above two coming in affirmative, the action of the management is malafide , being in violation of relevant law on the subject.
You may take recourse to legal procedure. After you win and get your claim, resign for reason of safety of your job after legal tussel.
Regards
S.K.Johri
From India, Delhi
Firstly, I will like to know if Standing Orders are applicable in your organisation and you are governed by them?
Secondly, as you say, you have been submitting medical certificates to management alongwith your applications for leave, please check if you have retained any valid proof of their despatch.
In view of the reply coming to above two coming in affirmative, the action of the management is malafide , being in violation of relevant law on the subject.
You may take recourse to legal procedure. After you win and get your claim, resign for reason of safety of your job after legal tussel.
Regards
S.K.Johri
From India, Delhi
Dear friend
Terminating any employee without notice, and without assigning any reasons is contrary to the provisions of natural justice. Because you have applied for leave due to your unexpected illness, You are having every right to continue in your job after getting fitness certificate from the competent Medical authority. You, in the first instance, approach the Management with a representation explaining the details of your absence for the specified period, the reasons for your absence together with material evidence in support of your stand, and request for permission to join duty. If the Management abruptly terminates you, there is no other go except to proceed against the management in a competent court of law for redressal of your grievance. Better approach the Commissioner of Labour of your Jurisdiction and file a suitable case for justice. Justice is at your end, you will definitely win the case.
Suri Babu Komakula
From Canada, Calgary
Terminating any employee without notice, and without assigning any reasons is contrary to the provisions of natural justice. Because you have applied for leave due to your unexpected illness, You are having every right to continue in your job after getting fitness certificate from the competent Medical authority. You, in the first instance, approach the Management with a representation explaining the details of your absence for the specified period, the reasons for your absence together with material evidence in support of your stand, and request for permission to join duty. If the Management abruptly terminates you, there is no other go except to proceed against the management in a competent court of law for redressal of your grievance. Better approach the Commissioner of Labour of your Jurisdiction and file a suitable case for justice. Justice is at your end, you will definitely win the case.
Suri Babu Komakula
From Canada, Calgary
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