Dinesh Divekar
Business Mentor, Consultant And Trainer
Umakanthan53
Labour Law & Hr Consultant
Ghnandish
Sr Mgr Hr & Ir
+1 Other

Thread Started by #Anonymous

I am working with one private sector bank from last 1 and half year which comes on top private bank category.I did very well last year in terms of performance ,in fact I was in top 5 achiever in my vertical.When the rating comes this year I got very poor ratings. I spoke about the same several times with my supervisor but he did not give me any satisfactory answer and told me look for new year as it has been done.

This year since May onwards I was not keeping well and I had to go for long sick leave for 2 months.When I came back after sickness I submitted the medical certificate and also the doctor's prescription.But my leaves were not get approved and become LOP(Loss of Pay).After that I was called by my supervisor one fine day and he told me that due to last year rating you have to go for PIP(Performance Improvement Program) for 3 months.

Unfortunately during that PIP also my health get deteriorate and I gone for sick leave again for 1 week.After one week when I came back to office my supervisor told me to surrender the laptop and don't come to office now and contact HR for further update.

I wrote my concern to HR same day and subsequently 5 times again but they never replied.I also tried to meet them but every time they pretend to be busy and told me to come some other day.After 15 days of follow up some how I manage to get time from them to discuss the issue.

During the discussion they told me that I have been terminated from the services and to complete the exit formalities.When I asked them on what ground I get terminated they told me that I was not coming to office.Again I told that it was properly communicated through mail and verbally also to everyone including HR also that I have health issue and I produced the medical for the same but they did not listen to me.

There was no communication given to me regarding the termination otherwise I could have thought to resign as I have no option left.

I wrote to top management including the MD also in the bank for the same but they also not replied till date.

It will spoil my career further due to termination and I may not get any Job now in the market.

Please suggest what to do best in this situation.

Regards,
24th September 2016 From India, Pune
Dear friend,
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.
Thanks,
Dinesh Divekar
24th September 2016 From India, Bangalore
Pl furnish the following particulars:
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
Thanks for your reply.Please find the followings:

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.

Regards,
25th September 2016 From India, Pune
Dear Friend,
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
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