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omshiv mishra
3

good morning,
i was on for 20 days for my marriage but my management approve leave only 10 days.my marriage was on 20 may and they want me back in office on 23rd of may.i returned in office on 4th june but they have already sent me my termination on 24th may on my mail.so what i can do in this case please suggest me ASAP.
Thanks & Regards,
Omshiv Mishra

From India, Gurgaon
executor
139

A. Why did you remain absconding after 23rd May? Did you communicate with your company/boss about this matter?
B. No company sacks people for getting married. What is the real reason?
C. You employment contract will stipulate a time frame for absence without leave and the penalty thereof. That period would start FROM 24th May if your leave was till 23rd May. Hence, this looks like a case where your company was ready to terminate you; but hasn't followed procedure.
I have a feeling we do not know all matters regarding this particular case. More details will be appreciated.

From India, Mumbai
PreetamDeshpande
130

Dear Member
The information provided by you seems to be incomplete.
You have mentioned that you had applied for leave of 20 days but you were sanctioned leave of only 10 days. Please clarify the following along with the the clarifications sought by 'Executor' so that other members too can give their inputs :-
1. When did your leave start and when was it supposed to end as per your application.
2. When were you informed that instead of 20 days your leave has been sanctioned only for 10 days.
3. If the information of sanction of 10 days leave was intimated to you before you proceeded on leave , why did you not plan your leave accordingly i.e. changed your leave starting date to a later date then that was originally mentioned in the leave application.
4. Has company sent you a termination letter stating that you have extended the leave or they have not assigned any reason or some other reason.
Regards
Preetam Deshpande

From India, Mumbai
varghesemathew
910

Mr Negi; What you said is right and ideal.But many Co are taking the non-workmen and non-unionized employees for a ride. Varghese Mathew
From India, Thiruvananthapuram
rashmiprasad20
1

Your company might have mentiond the reason for your termination ,kindly mention that .
From India, Jamshedpur
Recruitment Xpert Consultancy
8

You were on leave till 23rd May and company issued termination letter on 24th May. This looks very unusual as no company will sack just for one day of absence.
There must be some other reason as well. We need to have more details to provide suggestions.
Thanks.

From India, Bangalore
tjmulalo@gmail.com
If there is no more details provided it will be difficult to advise, as it seems as the employee was aware that his leave was not approve till 23th but still he took extra 10 days, the management was aware that this employee wanted 20 days but approved only one days and i believe that was discussed with the employee and he intetionally extendered his leave. whether there discussed before or not they still to follow the right procedure rto let you come back and do proper investigation before dismissal
From South Africa, Johannesburg
omshiv mishra
3

dear all,

Thanks a lot for responding,My designation in the company is HR Manager.I already informed to my admin manager for 20 days leave from 13 may 2013 o 3rd june 2013 before seven month in oct 2012.At that time he said its ok we will manage it.I have already finished all the important work before going on leave. but on 12th may 2013 he said to sent a mail to the director with cc to him and i send mail to the director cc with admin manager but the director revert with only ten days approval and said to be back in office on 23rd may 2013.I told the admin manager that it is not possible to me to return within one days after my marriage from Amethi(UP) my village.so i went and on 24 may they have sent me my termination on my mail id.Even i have never took any leave before this of my 11 month service duration.The company also not providing any leave like EL,SL,and CL.

I hope the picture is clear so now what i can do.Can i go o the labour court and in the case of termination can i get compensation of three month salary.

Please give me your important suggestion with the address of labour court in south delhi ASAP.

Thanks & Regards,

Omshiv Mishra

From India, Gurgaon
PreetamDeshpande
130

Dear member

You have still not mentioned the reason for the termination given in the e-mail id.

If you are hiding something then the inputs from the fellow members will not be of any help to you.

I also fail to understand that when you were informed that your leave is sanctioned only for 10 days why did you not change your leave start date from 13th to may be 20th or why you did not reason out with the director. I seems that the reason of termination is not what you are mentioning but something else. No company would terminate an employee for 10 days absence and that too after knowing the background and the reason.

As to your query on you approaching the labour court / statutory authorities who being a Manager - HR would very well know whether you fall in the definition of workmen under the Industrial Disputes act. If you fall within the perview of the act you can very well approach the court and even ask for reinstatement other wise you will have to approach the civil court as the matter of notice period payment will fall in the jurisdiction of civil court.

Hope you understand the situation and come clean with the facts of the matter so that other members can help you.

Regards

Preetam Deshpande

From India, Mumbai
saswatabanerjee
2383

Any manager who has been granted 10 days in place of 20 days asked and a specific date given for rejoining by a director of the company, knowingly violating the same, is of course asking for trouble. Do you think the director will want you back when you have basically slapped him in his face and shown you don't care for up his instructions ?
At least ou would have bothered to mail back to the director asking for a few days more given the travel time and probably difficulty in getting tickets. Instead you opted to just stay on till w original date of the refused leave.
You have worked for less than a year. So mostly under the labour laws you are not even entitled to leave yet.
What is the rules followed by our company ? I assumed they have followed the rules. In any case, at best you will get notice period money of a month. You better instead start looking for a job quickly

From India, Mumbai
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