Madhu.T.K
Industrial Relations And Labour Laws
Saswatabanerjee
Partner - Risk Management
Psdhingra
Legal Analyst, Hrm
Balaji.venkatesan
Payroll, Statutory Compliance & General
Sahil0007
Head Of People Relations
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Dr.Y.B.Joshi
Hr Mgt.teaching, Training Managers And Supervisors
+6 Others

This is a really great site to learn about various details.
From India, Bangalore
Yours is not an absconding case if you had informed of your leave at least by mail. Certainly, you could have talked to your manager over telephone because you can not say that you were not reachable. Whatever the company management has taken is right from their perspective. But the company should have given you an opportunity to be heard in person before issuing a termination letter.

The maintainability of the termination letter is to be studied with reference to your letter of appointment and with reference to your status in the company. Needless to say that if your position in the company is below managerial then the termination will not be valid because termination even for absconding cases should have been done after holding a domestic enquiry and following principles of natural justice. This will stand even if your certified Standing Orders permit the management to do so. In case of managerial persons also thing is not different because no employee shall be terminated without valid reasons and without giving him an opportunity to prove his innocence.

I suggest that you can make a representation before the management requesting them to reconsider their decision highlighting the above points. There are a lot of judgments in support of your plea and the latest among them is C N Malla Vs. State of Jammu & Kashmir and Others (2009 LLR 1318)

Regards,

Madhu.T.K

From India, Kannur
Please follow the link.
http://citehr.com#post1546611
Regards,
Madhu.T.K

From India, Kannur
Hi Madhu,
I appreciate your reply. My process manager says that msg sent by mob is not a formal way of communication and I should have called. Since I didn't call, they have escalated the matter further.

From India, Bangalore
Hi, Skumar,

Please dont take it otherwise, but kindly note that U had done this willingly. One cannot remain in the state of Panic for 10 days. It appears that u were not willing in doing this. Any company would not tolerate absconding for 10 days. U had stated that U didn't contacted ur company till 4th May, then what u were expecting better, than ur termination letter. Do u think that ur company would have called u seeking an explanation or providing sympathy or something like that? If this is so then u r wrong. I dont think so that u work from 10 AM to 5 PM, means u and all other employees of the company are extremely busy in their Jobs, u people work long and hard to achieve goals of ur organization. Absconding by any employee will certainly create several problems.

U must feel guilty for this.

Well of course u should go back to ur company, regret for ur carelessness, and ask them to review ur case again, escalate ur plea, finally request them for imposing some penalty like salary deduction.

I pray that ur company should give u a chance.

As u get the chance continue ur job for some period and keep looking for new job, resign from this company and join new company, u may also compromise ur position regarding the same. I am stating this thing because ur company may treat u as granted.

Regards,
Sumit

From India, Lucknow
Dear Mr. SKumar,
I am smelling something in the relationship between you and your management. Otherwise, even if an employee abstains from duty under such circumstances, the HR become more friendly by extending necessary help/moral support immediately upon getting information of such incident. In your case you sent an SMS to your manager, which could have been counted as information. Here, not only they havn't considered this as information but initiated disciplinary action against you.
However, I support the suggestion given by Mr. Madhu.
All the best,

From India, Jaipur
Dear S Kumar,
Now nothing except your humble and apologetic representation can help you in which you must request the management to review their decision on humantarian grounds, as your family member had died and you had to rush to your home town to accomplish his or her last rites. I don't think even if any legal case may help you except your apology to the management in your case.

From India, Delhi
Dear Mr S.Kumar,
When a person suffers from such situation he is bound to be in a state of panic and especially when it comes to some of your close realtives being on the death bed. As a responsible Human Resources personnel ur HR team in the company should have understood your difficulty and should have given you a chance to come back and resume your duties.The attitude with which they have reacted to the situation was not at all good.Please take a lesson from this incident that no one cares about no one,just make it sure next time during any emergency that you forward and official mail from ur personal or ur official email id.
Taking into account the HR perspective there is definitely an introspection which is to be done in the matter which could give you justice,Yours is not a case of a person being absconding.
Thanks and Regards
Ravibhushan Pandav
Human Resources Officer
9970967623

From India, Pune
This is a kind of a situation whereby a lot of employees end into when there is no functional or effective Human Resources team. For me I don't deem it tauntamount to absconding given the situation in which you were in. However, every company has its own rules and regulations that govern all people under its employ and as such a principle of no work no pay may apply in this case not an outright termination.
I share the similar sentiment that you really deserve to be given a socond chance unless if there is something you don't tell us about your relationships with the company

From Lesotho, Maseru
Sudhir,

You claim to be a victim, but your actions do not seem to support you.

When you left, even though it was at a short notice, you didn't even bother to call and speak to your manager and tell him you have to leave ? Something as impersonal as a text will naturally annoy people.

During the entire period, you did not bother to speak to your managers, to hr, etc ? You didn't even bother to tell when you will be back ? Didn't bother to arrange handover of pending work on phone or explain to someone what is left to be done ?

On getting to know that the company has sent you a warning letter, you still didn't talk to them ?

In our office, we have a requirement of ASKING for leave. We don't take kindly to someone stating they are taking leave. People call and take approval on phone and complete formalities later. In such a case, approval would have been definitely granted. But at least we would have a handover of work.

I wonder what is the status of unfinished work and how it affected the company or your coworkers who had to scramble to fill in when the clients started shouting.

Even if you exercise your "options" as you stated, you will not last in the company. At best your growth is going to be frozen for long, till they feel you can be trusted.

You should meet your manager and hr manager and request for leniency. Specially if this is your first job, you can explain that you didn't realise the impact, etc. May be they will reconsider, but you have an uphill task.

From India, Mumbai

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