Dinesh Divekar
Business Mentor, Consultant And Trainer
Psdhingra
Legal Analyst, Hrm
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Mihika De
Senior Executive-telemarketing

Thread Started by #Mihika De

Hi,

I am an employee of a company for last one year. Due to some health issue I was unable to join office from 27th of a month and also unable to inform as I was suffering from a major indisposition. When I recovered, I went to office on 1st of next month with all my medical documents but they didn't receive it saying that they had sent an absconding letter(No Mail) to my permanent address for not presence from w.e.f 27th of previous month. I send a mail with an attachment of medical certificate on 1st as they didn't receive the hard copy.There they replied that they are unable to accept that medical as they already absconded me from w.e.f 27th and according to them I have repeated it many times.They not only hold my salary but also asking for resignation mail(verbally) from me where they are not assuring that they will provide resignation acceptance letter to me. As I didn't receive absconded letter yet,they send it through a mail on 2nd giving back dated of 30th of previous month.

Now, my question is that had I been repeated the same, why didn't they issue a warning letter to me previously and if not issued under what authority the are ignoring my medical certificates???? One cannot expect me to make her a privy of my situation during that period of time when I am suffering from a major ailment.

They also threatened me verbally that if I do not send resignation mail then they will terminate me.

Need your suggestion on an urgent basis.

Regards,

Mihika
3rd September 2016 From India, Mumbai
Dear Mihika,
You could not attend your office from 27th of the previous month. But then is it 27th July or 27th August? For how many days you were absent? Since you were not well, did you inform HR of your company about inability to attend duties? If yes, then what was the mode of communication?
On the one side removing the employee from rolls of the company and yet telling her to submit letter of resignation is all confusing. Above all, your salary is also put on hold. I recommend you approaching Labour Officer (LO) of the area where your company is located. Explain your problem. Let us see whether he is of any help to you.
Thanks,
Dinesh Divekar

3rd September 2016 From India, Bangalore
Sharing you a case study and hope it will usefull to u and may be the reply of your query.

UNAUTHORISED ABSENCE

Unauthorised Absence is a grave and serious misconduct justifying dismissal. 

Absence from duty by a workman without intimation to his employer is a grave and serious misconduct, attracting punishment of dismissal. Absence from duty even due to illness including having met with an accident thereby receiving multi-fractures, without sending an intimation to the employer in due course is a grave and serious misconduct, attracting punishment of dismissal. Workman who remains unauthorisdely absent and does not think it necessary to send even one intimation to the employer; deserves no sympathy since such an act is gross indiscipline, if taken leniently, would send a wrong signal to the other employees. Enquiry  Report of finding is liable to be vitiated if the Enquiry Officer has has not taken into consideration the material documents submitted by the workman in his defence since such a flaw is procedural irregularity. Punishment of dismissal from service is not disproportionate until it is shockingly disproportionate to the conscious of the Court. A punishment is not disproportionate if it is on the basis of Certified Standing Orders. Writ court is generally not concerned with the decision under challenge but with the decision-making process. Writ court is not re-appreciate the evidence by sitting as an appellate authority. Interference of the Writ Court is called for only where there is a breach of principles of natural justice, decision of the fact finding authority is based on no evidence or perverse or is arbitrary or the decision is ex-facie contrary to the law of land or to meet the ends of justice. 

Dayanand Paswan Vs. Coal Indai Ltd., & Ors. 2016 LLR 775 (Cal. H.C.)
3rd September 2016 From India, Rudarpur
Hi,
My absence was from 27th Aug to 1st Sept. No, I didn't inform. When I went to Office on 1st Sept with all my medical documents, they ignored it. They put my salary on hold. Also asking for resignation mail from my end.
3rd September 2016 From India, Mumbai
Dear MIHIKA DE,
What I understood from your posts (2 in numbers) that you remained absent from your duties for 5 days from 27th Aug to 31st Aug. On 1st Sept you reported your duties but it seems to me you were not permitted to report it. You were declared absconding on 30th August i.e. on 4th day of your absence. Hope my understanding is correct.
Which is this company declaring employee absconding on 4th day of absence of any employee?
Mr. Dinesh Divekar has rightly advised you to approach the Labour Officer. But you need to present your case in proper way and not like you presented here.
3rd September 2016 From India, Mumbai
Dear Mihika,
For the absence of five days, if your employer wants to terminate your services then it can be construed that he could be upset on you as such. Your uninformed absence gave them opportunity to sever relationship with you. Had your performance been "excellent", your employer might have let you off with warning or some punishment. However, termination shows that you were de trop as such.
You may approach LO for getting the unpaid wages, LO may tell your employer to reinstate you. However, I feel that he could still find some other reason to terminate your services. You may not ignore this factor also.
About your Career Consciousness: - You could not attend your duties because of your sickness. However, were you that sick where it was impossible for you to communicate to your employer? If not you then your family members or friends could have called somebody in your company. This non-communication is not a sign of professionalism. Going further, in your first post, you have questioned wisdom of your employer for not issuing any warning letter or show cause notice. You did not deem it to communicate to your employer but want your employer to follow regular process of discipline. Professionalism is not one-way street, The instance is illustrative of your lack of career consciousness. I recommend you elevating it lest you could be depriving your growth!
Thanks,
Dinesh Divekar
3rd September 2016 From India, Bangalore
Dear Mihika,
If according to them you have repeated your absence many times, they must be having record of your unauthorised absence, which is a grave misconduct. Principly and ethically, as well, no employer wants that his employee should remain absent without his permission/ leave, as he has to make arrangement for th work to be done in the absence of the employee, failing which he can suffer major type of losses, which the concerned wmployee can never think of.
About medical documents after joining, they have no relevance if not sent on time to the employer.
About resignation by employee and termination by employer, resignation can be an honourable option than termination by the employer, as that puts a blot on the career of the employee. In such a situation, better search for a new job to save your honour. Rest depends upon your own wisdom.
4th September 2016 From India, Delhi
Hi,
Again I need your help to guide me.I talked to them. They are asking my resignation mail after which they will release my salary and after full and final settlement they may give exit letter. But when I asked for confirmation mail of it, they refused.
Suggest please.
Regards,
Mihika
10th September 2016 From India, Mumbai
Ms. Mihika,
The management cannot compel any employee to submit resignation, as that is an illegal act. So, you cannot expect written confirmation about their verbal statement.
Since unauthorised absence is treated as misconduct, they can award any punishment or even terminate you on account of that misconduct. But that can be a stigma on your service and for future career, as that can make a permanent recorded fact, if you include your service period of the present organisation, as you would get only termination letter, not experience letter.
However, resignation is better than termination. But, still they can make a mention in the experience letter about the incident or your habit of absenteeism. Full & final and the experience letter is separate issue. While they cannot withhold your salary dues, but experience letter depends upon mutual trust between you and the management..
So, better use your own wisdom, whether to continue with penalty for absence, termination on account of misconduct, or voluntary resignation.
11th September 2016 From India, Delhi
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