Umakanthan53
Labour Law & Hr Consultant
Nagarkar Vinayak L
Hr And Employee Relations Consultant
Nathrao
Insolvency N Gst Professional

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Anonymous
I am working with a reputable company from last 1.5 years. I had resigned 1 month ago due to some personal reasons ( my marriage). I asked the company to relieve me early, to which they denied. After 1 month, I made some mistake. I found someone's belonging in office premises but forgot to return it to security team as I was busy with my marriage preparations. When security team asked me, I gave it back to them.
However, my HR issued a show cause notice to me for same mentioning it as zero tolerance policy case. Can an employer issue show cause notice for such a small reason. There is no harm etc. done to anyone and the belonging was successful returned to the true owner. Now, they asked me not to come office till any communication. However, it has been more than 15 days and I haven't got any response. My notice period will finish in next 1.5 months. HR is not replying to my mails/calls. What should I do.

From India, New Delhi
There is no mention the post about the category of the employee i.e workman or otherwise. That apart, the reason is small/trivial or serious, it is for the employer to assess its gravity and act further and the delinquent can not make any complaint at this stage.
At the same time, the management can not deny or orally refuse employment to the delinquent at this stage when he is facing certain charge without being placed under suspension.
Better the poster writes back to the employer and requests to permit him to work forth with as usual with back wages without prejudice to the disciplinary action already initiated against him.
How such a Company be a reputed one when its HR lacks the fundamentals of disciplinary procedure!
Anyway, the poster's remedy depends on the final outcome of the S.C.N only.

From India, Salem
Anonymous
Dear Umakanthan.M Sir,
Please note that I was working as a full time employee with the organization. I was working at client site where this incident happened. The HR asked me to leave the client premises on the same day, however, didn't give me anything in writing (on email/on paper) that I am not supposed to come office. I am being marked as absent in system without anything in writing from HR. Whenever I call HR, he says that he will call me and will tell, however, they aren't giving any clarity, it's been 15 days already. I am not sure if I will get relieving letter or will get terminated, however, I have already responded to the show cause notice. This was a small issue, they could have asked me to leave, what was even the need of Show cause notice.
Thank you

From India, New Delhi
What was the item which belonged to some one else which you forgot to return?
You had resigned and after one month you found someones item.
Sequence is not clear.
Whatever be the case,reputed MNC is violating basic principle of law by terming you guilty without getting your full explanation.

From India, Pune
Anonymous
Dear Nathrao Sir,
Thanks for your response.
It was a mobile phone which I found lying in washroom. It was a lost and found case.
Moreover, this incident happened one month after I had resigned from the organization. I have been asked to sit at home without any email/document for supension. Can I take any legal actions against company in case they plan on terminating me?
Thank you

From India, New Delhi
Since the services of the poster was lent to the client's company, the client has no disciplinary control over the poster. If at all the client considered the particular incident as a misconduct imputed against the poster, they could have surrendered the poster to the original employer/contractor and asked for a suitable replacement. I think that this is what might have happened in the issue. The poster may request the original employer to provide immediate employment or relieve forth with by accepting the resignation already submitted. If no response, he/she can seek the intervention of the Labor Office by lodging a complaint against both the contractor and his client company.
From India, Salem
Dear Colleague,
The so-called incident of your mistake of your finding mobile phone and forgetting to return immediately happened while you were serving notice period and posted at client's location. For this, you were issued SC notice by HR and you were verbally (?) told not to come to work by HR and since then 15 days have passed without any further action.
It would have been better you had shared the essential contents of the SC notice and your reply.
To tell you verbally to stop reporting to work by HR is absolutely wrong and is in bad taste.
At this stage, you write to the decision maker in your organisation highlighting the following:
1 You have resigned for your marriage by giving due notice.
2. Give entire facts and sequence of events regarding the incident and emphasizing that you accept your mistake but it was unintentional.
3. SC notice for the incidence for a satisfactorily settled matter is unjustified and the verbal communication by HR of not reporting for duty is illegal.
Therefore, you will be treated on duty during such forced absence and as having duly served during the required period of service.
4 Request to settle your dues, give relieving letter and service certificate on completion of notice period.
The whole thing is pinning on the incident and I also tend to believe that you should have immediately brought to the notice of the concerned responsible person about the mobile lying without taking possession of it. Your story of forgetting to inform immediately after taking it ,is difficult to believe coming from the educated (?) person and appears with unclean intention unless the true facts point to otherwise.
Regards,
Vinayak Nagarkar
HR- Consultant

From India, Mumbai
Anonymous
Dear Umakanthan.M and Vinayak Sir,
Please note that the same thing has happened. The client had asked my company to take me off the project immediately, which is what my HR did. However, post that, my HR didn't tell me what to do next, neither about attendance, nor about work location. He just asked me to leave the client site on the same day.
I have replied to the show cause accepting my mistake. Moreover, I have marked a separate email to HR asking about attendance, however, no response.
They are just keeping me hanged on what needs to be done and whenever I call HR person, he says that he will give me a call and then, no response.
Thank you

From India, New Delhi
Dear Colleague, If you have sent the suggested communication then wait and watch for the response and revert. Regards, Vinayak Nagarkar HR- Consultant.
From India, Mumbai
Anonymous
Hi team,
I have got response from my HR and they will provide me relieving. However, I need to give HR details in my new company.
Are there any chances that the old company's HR will give false feedback? I am not understanding what to do now? Is it safe to provide my old company's HR's email id?
Please suggest.
Thanks

From India, New Delhi

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