Business Mentor, Consultant And Trainer
Labour Law & Hr Consultant
Sr Mgr Hr & Ir
Any termination has to be preceded by domestic enquiry. Did your bank conduct the enquiry? What is your designation? How many persons reported to you? This information is necessary to assess whether Industrial Disputes Act 1947 is applicable to you.
Do you have evidence of the correspondence that you did with the superiors of your bank? If you have evidence then you may approach the Labour Officer (LO) of your area and explain your problem. Carry with you evidence of your employment like appointment letter, photocopy of ID card, pay slips etc. Explain your problem. Let us see whether LO intervenes and handles your problem. If he does not then come back to this forum. We will discuss how to solve your problem.
24th September 2016 From India, Bangalore
1) What was your designation and cadre?
2) When you fell ill for the first time, whether you applied for medical leave immediately and submitted the medical certificate later?
3) Is there any proof for the supervisor's instructions to surrender the lap-top and not to attend office? or your returning the same?
4) Any memo was issued to you either initiating disciplinary action against you and enquiry conducted before your alleged termination?
5) Any Orders terminating your services was formally issued whether in writing or by e-mail?
24th September 2016 From India, Salem
1)My internal designation is Manager but it is individual profile and no one is reporting to me.
2)When I fell ill for the first time I did not applied for leave as I could not manage to go to office.But I send mail to my supervisor for same and informed through sms/spoke to him also and visited to him also 2 times in his office.In fact I send doctor's prescription through my personnel mail id .And after I resume office I submitted medical certificate also.
3)My supervisor asked me verbally to surrender the laptop and not to attend the office but I kept the same in writing when I send mail to my ER manager and her supervisor.I also wrote where to come and whom to report but they never replied.
4)My supervisor has send one mail to me when I resumed from illness regarding disciplinary action can be taken if I took leave again but there was no inquiry conducted before termination and no information given to me.
5)No formal communication given to me regarding termination either in writing or through e-mail.
6) I have every mail with me which I wrote to HR team and superior of the bank also but they never responded.
25th September 2016 From India, Pune
Any termination cannot be orally it needs to follow the procedure under the Industrial Disputes act,and moreover formal communication must be served to you explaining the reasons of termination and opportunity needs to be given to defend your case.based on your explanations since they have not followed the norms you can still defend your case,
25th September 2016 From India, Bangalore