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Dinesh DivekarDear Damodar,
Going by your post, it shows that the incident has taken place in the last year. But then why you did not approach any lawyer so far? What were you doing for the last 14 months?
When you handed over your laptop and ID card, did you obtain any receipt for it?
Anyway even now also you may approach the labour office of your area and tell your problem to the labour officer. If you are not satisfied with the decision of labour officer, then you may approach some lawyer and file a suit.
While terminating, company has not issued any show cause notice to you or conducted domestic enquiry. Therefore, your case appears to be strong one.
Other competent members may give their opinion.
By the way, do not get cowed down by the brand name or size of the company you worked for. That company has received notice for tax evasion worth of Rs 5,357 Crore. Of this astronomical amount, even if it is proved that they are liable to just 10% then also it goes on to show that they are not so law-abiding, be them tax laws or labour laws.
Dinesh V Divekar
From India, Bangalore
We have to edit your name and the employer's details to ensure your privacy. Furthermore, you post is being shifted to the Legal forum for you to find answers from our experts.
Wish you all the best
From India, Mumbai
Dinesh DivekarDear (Cite Contribution),
While your action or decision to delete the company's name could be consistent with the moderation policies of this forum, you might not have deleted company's name.
The very purpose of the social media is to empower the ordinary person. Voice-less, faceless persons of the yesteryears have found their voices now. If some company has not followed principles of natural justice while terminating an employee then why sweep their actions under the citehr's carpet?
In erstwhile era big leaders or companies evoked awe and fear. They were always on supposedly lofty pedestal. Times have changed now. Caesar's wife is no longer above suspicion. If IIT students can question directly to the Vice President of India's biggest political party on what he has to show on his CV other than politics in his DNA, then why some member should not be given chance to bring to fore what has happened with him at the time of separation from company?
Hope Citehr.com rethinks to open up now.
Dinesh V Divekar
From India, Bangalore
When we started CiteHR - our goal was to create a knowledge space which would be useful to a lot of people. To achieve this we had to set up some rules - rules which would allow us to grow without being distracted.
Allowing company/individual names, opens the door to a world of abuse - and we particularly do not want to allow that abuse of individuals or companies without evidence. The fact that we do not have the resources to corroborate any claims made by the user, made us put in such a stringent law.
You are right - I agree, that such companies should be taken to task. And CiteHR and our learned members like you can show the sufferer the direction which needs to be followed, provide resources and information to the member to take it to its right outcome. The core goal of CiteHR has always been to support people with information and knowledge that can only be gained from experience. The same information will be used by many in the years to come - at that point the company name or the individual's name is merely a distraction and can often distract any advice given on the discussion.
From India, Gurgaon
tajsateeshHello Dinesh V Divekar,
Back today in this Forum after quite sometime now--after a layoff.....sort of.
Even though you have a very valid point, Sid is right.
Suggestions given in good faith by the members to queries by those facing situations that need solutions CAN ALWAYS be misused--just like any Rule/Law. Whatever can be 'used' CAN ALSO be 'abused'--it just depends on the individual accessing such info. And being a public Forum, the 'who' is NOT in anyone's control.
And as you would be aware, many a time members post half-inputs & members end-up giving suggestions--making presumptions leaning towards the Positive-end, when after all the situation was @ the other end of the pendulum.
This is NOT to suggest in any way that Roshan has faked the situation--DEFINITELY NOT.
Looking @ such situations FROM ANOTHER ANGLE, most members who post such queries are LOOKING FOR A SOLUTION....NOT to hit back @ the Company--irrespective of size [NOT that there aren't Posts who want TO HIT BACK, in true filmy style, forgetting that they have a problem @ hand that needs to be resolved--THEIR problem--which ought to have been more important].
Let's face it--it's human nature/psychology that when details like the Company name, Boss's name, etc are mentioned, the attention is diverted towards the 'who', rather than the 'what' and 'why' of the situation, which then leads as a natural consequence to further thoughts/discussions/comments continuously focused on just the 'WHO'. IS THAT WHAT IS THE FOCUS? I guess not.
Coming to Roshan's situation, I think it's better for the Legal Eagles in this Forum to respond...since I don't see any other mid-way @ this stage. However, I may add that such corporate behaviour is NOT related to the size or stature of the Company. I have seen it happen with well-known ones as well as small outfits--one as recently as a week ago. It depends more on the Corporate Ethics of the organization than anything else.
Suggest route this Posting to the Legal members--so that Roshan can decide his response mechanism at the earliest.
From India, Hyderabad
anil.aroraHello Mr Roshan and Greetings to all
After going through the details provided by you and the responses by the respective seniors, first I'd like to start and refer the same question asked by Mr. Dinesh above.
1) Why you did not approach any lawyer if you really wanted to fight with them for your rights and have not taken the right steps at the right time.
2) Please clear whether you were terminated or resigned by yourself?
(Resignation is resignation whether by choice or influencing /forced by anyone anyhow)
They asked you to resign from your position else will be terminated and on August 31, 2012 you had to surrender your official assets, ID cards and locker keys and later on October 25, 2012 you got a letter by your employer that you were terminated but at the end of closing of your query, you said that you were forced to RESIGN, creating a conflict in your query which needs to be clear. There is a big difference between resignation and termination. And if you were terminated you must have provided a termination letter with a valid reason by them but if resigned, you must have an acceptance of it, now say what you have with you today.
3) You were asked to report daily by FLM but you obtained permission to report to your office twice in a week from SLM, so who was your direct reporting (Authorisation) manager from both of them.
4) Did you get any written authorization/permission /request by your employer (FLM/SLM/HRM) for the following?
i) to report your office by SLM for twice in a week against the order of your FLM
ii) any email communication/ letter/memo of asking medical fitness certificate, advice note, other bills and details by your employer
iii) any letter/email approval of your leave on LOP or permission letter/confirmation against your request (if you requested) for the same
iv) for work from home
5) Did you get the medical fitness certificate by your Doctor and submitted to your employer with your request to work at home or before resuming your duties?
6) Do you know anything relating to leave policy in an organization and applicability in your case?
7) Your employer allowed you to work at home and I believe they allowed you by seeing your medical and financial situation on your request, though, you were not fully recovered and was not able to work but still was working and also with only one hand, so, don’t you think your employer be appreciated by you for allowing you to work by home and get financial help. And you must have not taken the health risk against your medical situation at the time.
"If you're healthy, you're capable of doing everything but if not, your first duty/work is to keep your body in good health” I understand the medical and financial situation during this period bother a lot but to take this kind of risk may have caused one more badly.
“Man sacrifices his health in order to make money. Then he sacrifices money to recuperate his health. Then he is so anxious about the future that he doesn't enjoy the present: the result being that he does not live in the present or the future; he lives as if he is never going to die, and then dies having never really lived.”- Dalai Lama
8) You are also requested to share the details of the clause for "Probation and Notice Period" in your appointment letter provided by your employer.
If your appointment letter says that you were on probation which was not confirmed till the date of your last working day (during the period you were medically not fit or under treatment) and was not able to work as per their expectation and they deserve the right to relieve your services, you can be relieved with a notice period and by compensating for the same.
About legal help that you can seek in this regard, I believe you must have relevant details, proof and documents that can support your case and make you strong because there are many things which are also in their favor, therefore, I request you to answer the above posted questions and share more details which will enable us to provide you more appropriate reply and solutions of your problem.
From India, Gurgaon
How is your health now? Hope you might have recovered fully. Have you got your final settlement and the salary for the period for which you have worked from home?
Further, let us know what is your reply to the questions which are asked by Mr. Anil Ariora and Mr. Dinesh. What is your length of service in that organisation.
Have you approached any lawyer. If so, what was his action in this regard.
Hope your salary band is above Rs.18000/- pm. So you can file a civil suit against your company to challenge your termination. (This advise is given because we think you are having the proof of (a) Offer of Employment, (b) Appointment Letter on Probation, (c) Confirmation letter, (d) Company asset handing /taking over letter and surrendering letter, (e) Increment letter, (f) Your Hospitalisation period records and sick leave advise by Medical authorities i.e., Discharge Summary and Fitness Certificate, and any other relevant documents, i.e., the correspondence taken place between you and your managers/HR Department).
If the question asked for the delay in filing the suit, keep the reasonable and believable reply also ready with you.
Please give the reply to those questions raised by our members, so that you will get suitable reply.
From India, Kumbakonam
Raj Kumar HansdahIts a very unfortunate incident, rather an accident, that resulted in so much physical and mental trauma during and after, as well as loss of earning by the concerned employee of a reputed company.
It is surprising and sad to note that despite this being an injury caused during the course of employment; the employee was not extended any benefit under the Act.
Moreover, allowing the employee to recover fully and then letting him join back; thus gaining an opportunity to display its concern for people, and thereby benefiting from high employee morale and engagement; the employer chose to coerce him into giving resignation, so that he loses his right to make any claims subsequently.
The HR practices of the company clearly indicate the gap between what they practice and what they show-case to the world.
It would be ideal if the ex-employee files a civil suit against such employers for relief and compensation for the harsh treatment meted out to him and loss of earning during the period subsequent to his injury/accident.
From India, Delhi
roshan167inI am Damodhar R Roshan was an employee of XXX India Pvt Ltd - Hyderabad, with a Emp ID: 08803D. I got affect by brain stroke while I was in the office. But management instead of providing me a alternative job, supporting in my treatment expenses & giving me a moral support, took my resignation by force. By stopping my pay for six months, snatching laptop & ID card. Giving me tension by this issue I got more affected and paralyzed in right side of my body. I want to fight for my rights & Compensation. Could you kindly let me know under which clause I am protected in a company. Should I book a case against XXX in high court or labor court. I am now a disabled person, no company ready to give me a job.
From India, Hyderabad