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It would have been good if you had put this detailed post at the start.

Anyway, it seem that the company is very clear they dont want you. Probably your work has been poor or not up to the mark. And someone in HR has been very smart. It is also clear that the company management (at least the immediately operational team) is aware of the same and in favour or removing you immediately and without pay. Sorry to say that such an attitude would be there in a large BPO only if your work or attitude was bad or you have done something seriously wrong (at least that has been my experience)

Now, if we analyse the series of activities, we will know where you stand.

HR asked you to leave (dont come from tomorrow). They didnt give anything in writing.

Unfortunately, you didnt insist on written instruction and you didnt bother to actually come the next day.

You approached your manager, who didnt respond (he is probably the one who insisted you be removed)

You threatened to escalate, but didnt.

So there is no proof that HR asked you to leave. All your discussion and protest was oral.

On the other hand, they have proof that you did not come for work and didnt give any reason, or take approval for not coming.

That was a serious mistake on your part, and a very smart move by HR.

Since you "absconded", they dont need to terminate you, they dont need to hold domestic enquiry, they dont need to do anything to show you needed to be removed. You left and so they are now terminating you for not coming to work and not taking approval for absence.

They dont need to send you a notice if you are not coming to work voluntarily.

Actually, they need to send you a notice asking you to return to work in xyz days, but i am sure they will create that letter when needed (backdated ofcourse)

You say HR admitted during the conversation that he asked you to leave. But do you have any proof ? If not, then it has not legal standing.

They paid you your previous months salary on 12th August.

That does not prove anything. They will claim that you worked and you were there previous week so they didnt know you were absconding. So they paid because salary was due to you. It does not prove that you were asked to leave or that your absence was approved.

You were asked to leave on 5th aug. So if they consider it as absconding, they are entitled to deduct notice pay (15 days, as you have mentioned) which is more than the number of days worked. So they are then justified in paying you nothing.

Their offer of paying you salary for days worked (5 days) can also be construed as avoiding future dispute by keeping the records clear.

Again, the offer to pay for resignation is oral and no evidence available to you.

You can always decide to fight, in which case, get a good lawyer. But remember that the courts will take years to give a decision. The company has money for a fight and lawyer fees. Do you have the same ? And what happens to background checks from future employers.

In case you want to move ahead with your life, get a clean settlement by resigning, and getting the relieving letter. The salary of 5 days will make no difference in any case, i suspect. Its a decision that you need to make, keeping in mind the future career.

From India, Mumbai
Dear Saswata Banarjee Thank you so much for ur reply and good to have your input for the above case, But I would like to share few points in context with above I have always worked with My utter dedication and always tried to live upto the expectation having said that there could always be a case of improvement(Company has surely all the right to ask someone to leave whose performance is not upto the mark but not without making them serve the notice), had there even been concerned regarding my attitude, I surely would have not worked for more than Six months and If I could say at least they wouldn't have allowed me to work for such long ,As far as making them giving in writing is concern while they asked me to not come from tomorrow I had my own argument over this but to no avail and infact I had rather approached the senior manager not manager but again to no avail, As far as proving is concerned whether they had asked me to leave or not ,there are few relevant point which can be make out with the above sequences that As I mentioned that I was asked to leave on 5th Aug-16 and then I went to company to get the cheque of my last month salary on 12th Aug(that's july -16) they simply gave me(Which they didn't Had I been absconded) and I believe even If they would consider 5th aug-16 as the date when I got absconded at least what they claim(shockingly) I reckon there must have been present marked (In attendance Roll)for the days before(till 4th Aug -16) As they really can't claim that I was absconded before that period(anywhere in July month) As I have got the cheque for the same for july-16,The point which come out here is that Had I been absconded They would have not gave me the entire salary instead deduct the amount and also they would have surely sent the notice for the same in written at my address or via my mail ID and As you asked me whether I have any proof that they have admitted in conversation that they have terminated me, Sure I have recording of the entire conversation in which first they (Hr executive) said NCNS(No call No show part-Abscond) but later admitting the same(termination part), Even I have gone through some of Hr policies all this while in which It is clearly mentioned Employer can't ask someone to leave the company without notice unless until there is any disciplinary issue(Either pay the Notice pay amount), having saying all this I am more bothered when they push me to put down the resignation As I personally find it unethical especially when company had asked me to leave instantly and didn't make me serve the notice ,Had they let me serve the notice I would have surely not bothered writing the same, For me It's not just about the salary part but more than that not making their Unethical action ethical.



Would sending the mail to CEO help any further ?(As I was considering the same As I don't want to get into legal action and move further)

Kindly suggest over the same.

Thanks

Good Luk

From India, Delhi
Dear Gud Luk

I will come back to the original point i made (perhaps that got lots in the whole thing i wrote).

HR has played a smart trick on you.

The reason and background of why HR wanted you out of there is immaterial from the legal / compliance / redressal point of view as such. They terminated you without notice, but did it in a manner that their own paper work is complete. Their morality is also immaterial once you have decided to move on. Unless you want to stand to your principals at the cost of your career

You have evidence in the form of a recorded conversation.

That is good enough for you to proceed on a legal action, either by complaining to the local labour commissioner or by going to the court. Whether it makes sense, is something you need to analyse.

If you do not want to go to court, you can send a mail to the CEO / MD of the company giving him a very clear and concise understanding of what happened and explaining you are only asking for what is due - notice pay and a clean separation. In the mail you should also state then that you have evidence in form of a taped conversation with HR in which they have admitted what they have done.

The alternate way is to have a lawyer send a legal notice to the company, obviously to the CEO and then ask them to settle the matter by paying the notice pay and cost of legal notice. In most cases, specially where the taped conversation is, the company will find it very much worthwhile to give you the notice pay.

If they dont, you can either let it go or take legal steps

in either case (even in writing to CEO) consider what is the impact on the background check that your future employers may be doing (ofcourse, if the HR gets fired for this, then your future reference check is probably ok)

From India, Mumbai
First of all, you have to write a letter to the management that you will be ready to work and allow you to duty by narrating the facts of your incidents that the company have not allowed you to duty when reported by you on ..........(date) by Registered Post. In the end you will also write that in case reply is not received within 15 days , you will be forced to proceed against the company legally.
In case any reply is received from the company, follow accordingly. If reply is not received, you can a raise industrial dispute before the conciliation officer/Deputy Labour commmissioner of local area and further proceed accordingly.

From India, Hyderabad

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