Nagarkar Vinayak L
Hr And Employee Relations Consultant
Vaishalee Parkhi
Hr Consultant & Trainer
Bhartiya Akhil
Freelancer

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I have a problem.. during the month of April 2020 i did't go to office for lockdown reason.
For this reason they did not pay salary without any written intimation. Due to not paying salary i did't go the office till 25.05.20. after joining they they ask not to come office till they call me again. Now they send me enquiry letter and show cause about my absence in the month of April and May 2020 and ready to terminate.
my question is it is the valid way of termination?

From India, Ballygunge
What is the nature of your organization?
Did not your organization followed lock-down?
What about other employees, did they attend office during lock-down?
You need to furnish full details. There could be underlying reasons for the show cause notice. Nonetheless, you will also get a chance to put forth your side, clarify your points. Be calm and handle tactfully.

From India, Pune
Dear v.parkhi Madam,
Our organization is steel industry. yes they followed lock down policy. factory closed till may 13th May 2020. then they start trial production. it was only informed me by my dept head on 20.05.20 through whatsapp message. i replied him i will join within 5/6 days due to my some personal problem. on 27.05.20 i join my duty. on the same day management personal ask me not  to come in factory until they call me again. reason he told me why i am not coming in lockdown period .
here i would like to say only 25 percent employee who are mainly technical category are attending duties for shutdown maintenance purpose, my one colleges who stay nearest to the factory often come to the factory for emergency purpose.
now on 09.06.20 they send me enquiry letter and 17.06.20 they send me show cause letter about my absent and threaded to terminate from payroll. this time they indicated why i am  absent from 14th may  to 1st june 2020.
i replied ist letter showing that (from 01.04.20 -18.05.20) govt official lockdown i followed and they simply not accepted covid-19 situation.
second letter I replied  that i was only informed on 20. 05.06  and on 27 .05.20 i was already join the duty so why you show cause me that that i am remain absent from 14.05.20 to 01.06.20.
still today no reply received assuming they anyway terminate me. during this no salary credited for me. yes may be there is a underlying reason for this last few month relation between that management person and me not going well due increment purpose. recently i was  also coming late in the factory. 
another question i arise them that when they knows that i am not present in factory till 01.04.20 to 26.05.20 then why they not send me letter or message or mail about the middle of month April or May 2020 rather it send on two and half month latter.
So what i can do next? after working more than 12 years i think my career is going to dark side. today i am wondering why i went to follow govt lockdown circular and now no body help me about my termination.
Thanks & Regards.

From India, Ballygunge
After going through your details, I feel you should handle the matter patiently and tactfully. Approach your HR / HOD and clarify the matter in person. As you said there are various reasons, talking to them on amicable terms is advisable.
Termination record might hamper your further career. All the best.

From India, Pune
Dear colleague,

It appears you were one of the many employees in your company who could not work during the lockdown period for which the company would have sent you some communication.

As per govt mandate, employer is prevented from deducting wages for this period and if your company has resorted to it, it is illegal. Besides, the absence during the official lockdown period or any part thereof cannot form basis of disciplinary action.

The decision of any action including termination can only be taken after the enquiry into the charges held as per law and charges are proved and not before the enquiry. Assuming that even the charges of unauthorised absence are proved, the punishment of termination would be harsh and disproportionate and liable for quashing by the Court. So don't worry at this stage , disregard any threats and face the enquiry with preparation.

For further proper advice, please send the copy of the chargesheet/Show cause notice and your reply if any.

Regards,

Vinayak Nagarkar

HR and Employee Relations Consultant

From India, Mumbai
Thank you sir for your valuable advice
Up to till date no response received from company. last letter i replied on 17.06.20. from 27.05.20 to 26.06.20 (read 28.06.20) they kept pending my decision. may i remain silent till the end of this month and then if nothing happen can i send them mutual understanding letter about my matter? please suggest me.
Thanks & Regards
Sourav Roy

From India, Ballygunge
Dear colleague,
Please read my earlier comments and clarify the points raised.
I have not understood what is this mutual understanding you mentioned
.
No proper advice can be given without authentic data..
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai
sir, Please go through my attachment. find their show cause letter and my reply summary. Thanks & Regards
From India, Ballygunge

Attached Files
File Type: docx detail.docx (15.1 KB, 59 views)

Dear colleague,
I have gone through the contents of the show cause notice and your replies. The show cause notice is devoid of factual details of absence and is vague. Due to poor English, could not understand fully your reply.
Anyway better to wait. No action of termination can be taken only on the basis of S/C notice. Prior steps like the chargesheet, holding of domestic enquiry will have to be taken.
Wait for their next move and then decide. Better you engage some lawyer to give on the spot advice.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
/

From India, Mumbai
Yes sir i am in waiting until their next move. Sorry you didn't understand my replied letter clearly against S/c in fact my original reply was too big, so i wanted to make it much shorter.
Now suggest me if they remain silence for another 10 days then what will be the best next possible move for me?
Thanks & regards
Sourav

From India, Ballygunge

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