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Wile on leave due to a personal family issue I exhausted all my paid leaves I was out of the country and needed to extend my leaves, I therefore requested for leave without pay. My quest was denied by my employer. My request to be permitted to work remotely was also declined. I was issued show cause notice and was subsequently terminated despite being in constant email communication with HR. On returning to the country I submitted all company assets and signed every paper that was presented to me. I received my experience letter 3 months later which stated "Terminated" under reason for leaving. It has been 9 months since my termination and I have been unsuccessful in getting hired despite clearing all the rounds. ThHR location head of my previous company to Please advise what I shoukd do. Thank you
From India, Delhi
Go and meet personally the HR and ask him explain them about the issues you faced during that time.
May be it could have been difficult for them too during that period but try to convince them its a past and do not spoil your future.
If they still does not get convinced, just tell them one thing "See you in labor court now"..!!!!
Thanks
Deepa
Blog - Famous Great All In One

From India, Mumbai
Dear friend,
In order to help you, you need to answer a few questions.
1. how grave was the family issue
2. have they conducted any enquiry or they terminated you on the show cause itself
3. What were the papers you have signed
4. What was your nature of job (this is needed to determine whether you fall under the catagory of workman or not)
The legal position which might be applicable in your case would be that in case of absenteeism the employer cannot straigt away terminate the employee. They will have to wait till the employee is back and conduct enquiry against him that too when the reply to show cause is not proper or adequate. Also in your case the family situation which resulted in your absenteeism would play a key role in determining how strong your position would be. Also your email communications are very important as to what and how you communicated your situation to the management. Please answer to the above questions in order to help you better.

From India, New Delhi
Thanks Mr Kamal Nathh Tyagi.....
Your post if of great help to me. Because what I see this is what is going to happen with me also. My situation is grave. I have always intimated the HR for my leave which is unavoidable. For their sake they never replied to my mail. Last mail for extension was dropped in june. Now suddenly something is happening which is very obvious due to my supervisor intervention..

From United States, Atlanta
hello dear,
I have read your problem,before suggesting something I have certain queries.
1.How long have you worked with that company?
2.How long were you on leave ?
3.Do you have any idea about the leave policy about your company?
4.Did you read all the documents before signing them?
Hope I could help you out ,once I get the answers of my queries .
Thanks & Best Wishes

From India, Jabalpur
Dear Mr Tyagi, here are my answers to your questions:
1. how grave was the family issue:- not life and death, I met my mother after 15 years, she is old and not in the best of health
2. have they conducted any enquiry or they terminated you on the show cause itself:- terminated on the show cause notice, if any enquiry has taken place it was before I reported back to hand over company assets etc
3. What were the papers you have signed:- I don't know, I cooperated with HR hoping that they would not destroy my career
4. What was your nature of job (this is needed to determine whether you fall under the catagory of workman or not):- I was a manager with a large reputable international BPO and IT giant
Regarding communication, I was in email communication with HR through out. I responded to every email and every letter. I provided a number where I could be reached as well. I reached out to the HR location head over email too offering to work remotely too.
Thank you again

From India, Delhi
Response to Cognic
1.How long have you worked with that company? Total time in service at the time of termination was 3 years, 1 month
2.How long were you on leave ? 3 months including unapproved days
3.Do you have any idea about the leave policy about your company? Yes, also read the LWP policy
4.Did you read all the documents before signing them? No, browsed through some
Thank you

From India, Delhi
I don't know the in and out of labour law. Had the termination happened after a show-cause notice, company is on a stronger wicket.
Going to court won't resolve the purpose for 3 reasons
1. It will take few years for an outcome. You can never know what the outcome would be
2. Company can afford to spend more on a high-profile lawyer, if they want. Individuals cannot afford that
3. No company will hire you in the future, if they were to know about the litigation. A background check with your ex-employer will tell everything
Best thing is tell the truth to prospective employer. Truth has great power and you will definitely get a good job. On the other hand, speak to your ex-employer and see if they can issue fresh relieving letter with word 'Terminated' removed
Regards
Sivaramakrishnan

From India, Madras
Hi,
Today especially in India due to economic crisis most of the companies are facing business pinch. There are scenario where companies are going into cost cutting mode and this is applicable on employees too. In most of the scenario it is the middle management staff or mid - senior staff as companies cannot afford their CTC and let us accept this practical fact.
There are many people jobless since more than a year.
What I see from your narration is a similar scenario which have been faced by many people. Today companies are looking for a small issue to occur so that they can terminate the employee by showing that the employee is inefficient. Very few companies directly tell on the face and ask the employee to leave.

From India, Mumbai
I think that meeting your Mother after 15 years must be very touching. Have you communicated this reason to HR and also told them that she is not at the best of her health and you need to take care of her.

In such a case they cannot straight away terminate your services. Show cause is just the first step to start the enquiry proceeding. However that all depends on your status of being a workman. Whether have you replied to the show cause letter or if you could reproduce the show cause letter it would be helpful.

Please make it a point in your life from now on that do not sign any paper without reading its contant. I dont know but they could have taken a confession or any sort of document to support their case. This is a move you have done very wrong. However it can be covered up by saying that they have taken the signatures by saying that they will take you back but you have to sign some papers and they have not given you time to read their contants.

HMMMM I need to know whether you had a team working for you whom you use to supervise or it was just a designation and you use to work on independent basis and use to do a technical job. i am also for the benefit of others reproducing the definition of workman under Industrial Disputes Act.

"[2 (s) "workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, dischasrge or retrenchment has led

to that dispute, but does not include any such person--

(i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or

(ii) who is employed in the police service or as an officer or other employee of a prison; or

(iii) who is employed mainly in a managerial or administrative capacity; or

(iv) who, being employed in a supervisory capacity, draws wages exceeding Ten Thousand rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.]"

You said that you were Manager right. Insuch case i guess you do not fall under the catagory of workman, which makes your way a little more difficult. Because to get any relief you have to approach the Civil Court insted of Labour Court.

Work from home i guess is not a matter of right however if the the Management is employee centric they usually allow the employee to work remotely as they are more concerned for their work. Please do answer as to what work you use to do exactly. I must mention here that if a person does any technical nature of work he may be termed as a Workman even if he is drawing in lakhs of rupees as salary per month. It all depends on your nature of work.

From India, New Delhi

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