Rohit Bhise
Hello Everyone,
I informed my L1 supervisor and L2 supervisor about my mother's critical mental condition and asked them for 20 days' leave via phone calls and WhatsApp. However, since there was no response, we changed the doctor and informed the supervisor of 30 more days of leave.
However, my supervisor initiated absconding and got approved from L2 as well. I sent them an email to HR, L1 & L2 with the doctor's prescription, doctor details, and the expected date of joining. Also, I mentioned that this time, my mother had not recovered, and then I would admit her to a mental hospital and join duty. After the fourth follow-up I received an (first communion from company ) email from HR with an absconding letter, and asked me to submit reason of leave within 5 days. On the same day, I replied with all reports, doctor details, and snapshots of communication with L1 and L2 chats.

In my absence, I communicated to my subordinates, clients, and other departments through Phone calls.
After 3 follow-ups, HR responded to meet the L1 and L2 supervisors because they had initiated absconding.

I contacted them and met for a discussion. In the meeting, rejoining was decided, but after 2 months, I was waiting for rejoining was not done.

As per the supervisor, they did not receive a green signal from management. Now I had received termination letter.

Please guide me

From India, Ulhasnagar
Madhu.T.K
4193

There are two remedies available. One is to accept the resignation and the other is to challenge it by complaining about the act of management to the labour Officials of the jurisdiction. If you did not supervise any body in the establishment, you can file a compliant. You may please refer similar situations faced by other employees available in the forum. For example, you can go through the thread and replies given below.

https://www.citehr.com/643659-illegal-termination-my-employment-they-have-violated.html

Please remember that there is no word like "absconding' to represent an employee not reporting or overstaying leave. If in the termination letter such words are used, the same should be challened as word causing stigma.

From India, Kannur
Rohit Bhise
Thanks a lot Madhu T K sir for your valuable response, but just to inform you I was manager there so what should I do now. Is there any way because I am not getting job in other organisation I have attended almost 10 interview and those are positive but when I share this experience then it becomes negative for me.
From India, Ulhasnagar
Madhu.T.K
4193

Very unfortunate. We have laws to protect the rights of workers but we do not have law to protect the managers. I believe that you had managerial responsibilities and authorities. But what is L1? You said that you informed L1 of your absence, which level is it?

Try to negotiate with the management and change the wording absconding etc from the termination letter saying that the same has spoiled your career. If required, involve somebody who can influence the MD/CEO.

From India, Kannur
Rohit Bhise
Sir L1 is my supervisor (Cluster Head) he reports to Zonal Head directly. Yes I have communicated through WhatsApp, phone call and email but now management is saying why you had not submitted leave request through HRMS portal. Can I take help of court.
From India, Ulhasnagar
Madhu.T.K
4193

No. If you were supposed to apply for leave through HRMS, you should have done like that. Being a Cluster Head, omission would be taken seriously. You can not take it to court because there is no breach of contract. But you can point out the failure of the management to offer you an opportunity to be heard or failure of principles of natural justice. It is true that the procedures were not properly followed. You can file a civil case for that. You can also explore whether a writ can be filed for the violation of fundamental right. Before that please convince the management that they have failed to follow the principles of natural justice and if a case is filed, they would suffer. As a settlement, you can ask for rework of termination and making it relieving subsequent to your resignation. That will not cost anything to the management. The management should not be so adamant that they want you to be terminated.
From India, Kannur
Rohit Bhise
Once again "Thank you very much Sir" for your response. Could you please share your mobile number or email ID to me it will be better for communication. My email ID is Rb5168722@gmail.com
From India, Ulhasnagar
Madhu.T.K
4193

My contact number is 9847583239. My email is madhu@defusir.com
From India, Kannur
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