Feeling Wronged by HR: Can I Take Action for Unfair Termination and Lack of Communication?

Hello folks,
I assume most of you experts are HR people, please dont be offended with the title but that seems the like the only option I am left with.
I have been with an Indian MNC for the last 2 years getting excellent as in appraisal ratings; been onsite for a good bit of time in the stint.
But in March I was terminated by the company on account of "Absconding". Please read through and I'd so request you guys to please reply: This is the email I wrote to HR; and CEO.


This is to inform you about a disappointing incident which happened recently with me and I do look forward for your intervention/guidance to help me out. As per the latest update, I have been terminated from the company records in lieu of extended absence on the account of unapproved leaves.

To give you a brief background, I have been working for client BT in UK for the last 18 months on an onsite assignment. I came back to India and joined our Pune branch till date. During this period with BT, I have been one of the top performers and awarded with various customer appreciations (few of them attached). My planned marriage in <January '09> was one of the key drivers for my return to India. Unfortunately, my father-in-law (would be) residing in Jullundur, Punjab, passed away on February 18th due to a cardiac attack. I have been on leaves to take care of him as he has been ill from the last month or so. Due to his deteriorating health, I had to apply for an extension of my leaves on February 17th for 2 weeks.

My family received a letter from HR on Feb 28th (Saturday) asking me to join Office by Feb 27th (Friday). They informed me about this letter and I was surprised to hear that as I was completely unaware that my leaves have been rejected. Since I have been in Punjab all this while, I couldn't report in personally and tried calling HR on Monday, March 2nd (the next business day) but wasn't successful. My brother also tried dialing in and was able to connect with the HR in the afternoon. HR told him that since I didn't joined the Office by the Feb 27th, my name has been terminated. The fact that the letter was delivered post the expected date, was completely ignored. I immediately headed back from Punjab from the next available train and met with HR on March 5th to settle this confusion. But to my shock and disappointment, nobody listened to me at all, stating that the processing has already started. I also met the head HR and explained him the whole situation seeking in his advice/help but added to my disappointment, got the same response.

To the irony, I received another letter from HR on March 09, 2009 stating that since I didn't report to Office by March 5th, I have been terminated from the services now. This really bamboozled me and I called again to the HR today to clarify it. But unfortunately I got the same response stating that I am not longer a part and that the company waited for additional week for me to report to. This was really very untrue as I did report on March 5th and even met with senior HR at our Noida office the same day but no one informed about this additional letter and asked me to join in.

Today as I stand; I have not been given my proper re-imbursements for my trip to Pune, my shift allowance, no experience letter and moreover I have been charged for money for not serving notice period.

Please comment

Hi Cheran,

Thank you for the reply; I do appreciate your concern, but honestly, I am looking for some feedback on this ill-practice. Can anyone please provide some insight on this? Perhaps the senior moderator or someone else?

Dear Friend,

Kindly obtain proof of the letter received on Feb 28th. Please obtain proof of your presence on March 5th - I believe there were other people who saw you, and your presence will definitely be documented. If speaking with the HR department has not resolved the issue, please contact the head of the unit you were working with and attempt to address the problem.

If no solutions seem to work, consider looking for another job and concurrently, consider taking legal action. However, ensure that you have all the necessary facts to provide evidence.

Thank you.

Hi Ash,

Thanks for taking the time to reply. Yes, I have all the letters with me, including the register entry from when I entered the building. I did involve the head of the region; in fact, I emailed him and the CEO together in March. I have been following up with him too, and for this two-month period, it was him who prevented me from going to finance/HR to settle the dues. He mentioned that he was trying to understand me and resolve the issues between HR and me.

It seems he has now stopped taking my calls or any contact. I am planning to write to the CEO and am also considering publishing an article in a daily publication. Regarding the lawyer aspect, are you certain this matter is handled by the Indian government?

Thank you.

I appeal to any of the Senior Moderators of the forum to please reply to this email and propose a solution or action plan.

These HR professionals will deliberately harass the employees and mentally torment them. If I were in your place, I would have instead preferred to report the misconduct to the appropriate authorities rather than resorting to violence. Dealing with these arrogant and selfish HR individuals should be done through proper channels. Perhaps, one day, a situation could arise where the HR person faces consequences for their actions, such as being involved in an accident that leads to them spending time in the hospital.

It is not appropriate to post personal information such as names and mobile numbers publicly. If you have concerns about HR practices, consider reaching out to the National Human Rights Commission in New Delhi, India at their website: [National Human Rights Commission, New Delhi, India](http://nhrc.nic.in/).

Please remember that addressing issues through legal and official means is always the most effective and ethical way to handle such situations.

Hi,

You can approach the labour court. There is a 15-day period after they mark you as absconding in which one has to return. If you did return within the 15-day period, they cannot terminate you on the grounds of absconding. I am sure your company must be a part of NASSCOM. You can even communicate this to them and approach the labour court. The labour courts mostly take a very stringent view against such malpractices.

HR people mostly know that one can approach the court, and it can tarnish the name of the company. Even if they take a lenient view, post everything, it will be difficult for you to work in the company because they will make things difficult for you.

Companies normally have contracts signed where they specifically mention that they can relieve you of your duties by paying one to three months' salary. They can take that route as well.

I would still suggest approaching the labour court because one must raise their voice against any kind of injustice.

Wishing you all the luck.

Dear Friend,

You can take legal action by seeking direction from the Labor Court. In the meanwhile, I'd suggest you look out for another opportunity. Else, the MNC you are now associated with can make your life miserable. For some reason, they are against considering you to join them - we cannot assume that the senior management has done it deliberately or if the HR department has done it to protect themselves from a mistake they made.

When you are going to a new company, they will try reaching the HR department to do a background verification - so to be on the safer side, please explain everything to your potential employer - once you are through the interview. Make sure you have a minimum of three STRONG references for you.

Dear Friend,

As suggested by others, collect all necessary documents and approach the labor court; they will definitely help you out regarding this ill practice.

For Mr. Ravi: Don't provoke anybody to do such a criminal act.

Regards,
Pankaj Chandan

Dear datsdwaytis,

The things which happened with you are totally illegal. They have terminated your services, so they have to pay you in lieu of notice. You should consult an advocate nearby and send a notice through the advocate. This is not at all HR's fault.

I have mentioned several times that BPO/IT companies and software companies do not follow the laws of the land. The reason behind this is that most employees are educated and do not want to go through litigation.

I was disappointed after reading the post created by Mr. K Ravi. Individuals like Ravi do not know what they are writing on a site that is open to everyone.

Thank you,
J S Malik.

Dear Friend,

You may approach the Labour court, or you may file an FIR against the company at the local police station for misrepresentation, suppression of facts, and extortion by threatening to implicate false complaints. The complaint should be registered in the names of all the directors, the Marketing head, and also against the HR manager.

After this, the company will likely approach you for an out-of-court settlement. Be assured...

Regards,
Octavius

I am compelled to reply as I work in HR. I feel that it's not exactly the HR's fault. There's something that you're missing. The HR works on what is told to them. You might have done something that went wrong. This involves people at higher stages. You can take all your meetings and recorded dates as proof when you plan to take legal action. Hope you all the very best! :)

As correctly advised by many of the members here, you can definitely take legal action against this company. Though it may take time to get a final verdict of the labor court in your favor (which is bound to be), it will be worth it if you get justice.

And why not disclose the name of that company at least here so that people here become cautious of it or can advise others who may want to join this company?

And, to all other members, please do not take this K Ravi's responses seriously (I'm sure nobody here does so!). Initially, I was like "Wow, K Ravi, the number of postings: over 2,000..." but having read him a couple of times to date, I can firmly conclude that he hardly knows anything about the HR profession. I know this comment of mine is offbeat, but I had to vent it out badly. Sorry, Ravi, but your comments do not make sense.

Dear Ravi,

I was really disappointed to read the suggestion you gave to a gentleman who is in trouble. You are instigating someone to kill the HR manager, go to jail, give a bribe to the government, and come out of jail. What a great idea given by a professional of this site's HR community who has contributed more than 2000 posts to this site.

Mr. Ravi, I don't know what profession you are in, but I feel disheartened to be a member of this site.

Thanks,
J.S. Malik

Dear Friend,

I am sorry to hear about what happened to you. With numerous laws prevailing in the country and considering other decisions of the labor court, I would like to suggest that you approach the labor court.

To the best of my knowledge, one cannot terminate their employee in this manner. If such an incident occurs, one must provide proper notices and conduct a domestic inquiry before terminating someone.

I encourage you to go to the labor court and fight for your rights.

I hope this information will be helpful to you.

With Warm Regards,
Ranjeet

Dear Members,

It's true that Ravi has said something which is not applicable to the current situation. Maybe he was emotional and overly concerned about justice. I am sure that he did not mean to insult the HR profession. But maybe there are some culprits in that particular MNC in the HR department, or it may even be the project manager... or who knows, even the boss. So Ravi, let's not assume and certify that HR as a profession itself is bad. That is contradictory to the very existence of citehr and the people who are contributing their valuable time here.

Relax, maybe the things you have seen are not what the whole world sees.

Hi datsdwaytis,

It is very sad to know how you are treated. Generally, in such situations, the HR comes in to rescue the employee in trouble unless they are guided to terminate you by the head HR or your supervisors. Now, this may not be the case in your issue, but generally before terminating an employee, the HR checks and makes it clear with your supervisors/managers and proceeds with their go-aheads. (Just speaking of a possibility)

Now the question is, did any of your colleagues or supervisors try to contact you over the phone/mobile during this ordeal? Why not?

One very important thing I would like to inform you of is - Whenever an employee is terminated by the organization (after the confirmation period), it is usually entitled to pay a certain amount of compensation or a notice period to the employee. You are definitely not to be paying the compensation. (Should be mentioned within your offer letter - Do check it)

If you have any proof of a leave application (especially approval) and your meeting with the HR on the 5th along with the two letters you have mentioned, then you have nothing to worry.

I hope your issues are resolved as soon as possible. Best of luck.

Hi,

Q1. From which date to which date were you on leave?
Q2. Do you have the approval email from your PM/HR?
Q3. Have you applied for a leave extension? Do you have that email/letter?
Q4. Did you receive approval for the extension from your PM? Do you have that email?
Q5. What are the exact allegations against you? Have they mentioned any dates?
Q6. Your reporting authority is the best person to support you. What is he saying regarding this?

Instruction: Please review the Offer Letter, Appointment Order, and Employee Handbook to see if there is any mention of this type of situation. To safeguard your job, ensure you check all these documents. They will help you demonstrate your innocence. Once you establish your innocence, you can escalate the matter to any level.

The goal is not to obtain a relieving letter or compensation or to prove the organization wrong. The objective is to demonstrate that you are not at fault and that the management's decision should be reconsidered to reinstate you in your job with full responsibility and respect.

Best of luck.

Dear Dats,

You haven't mentioned the grade/level or nature of duties. If you are classified as a workman under the applicable enactment, the company will have to follow principles of natural justice before taking any action. For any prudent employer, it is mandatory to give an opportunity for the employee to be heard before pronouncing any action. Termination is an extreme action, and before implementing it, due process must be followed. Most countries have this provision under their respective labor laws applicable and service conditions framed thereunder. At the very least, appropriate notice payment is due in this case (if you are at a supervisory or managerial level).

The action is entirely illegal and therefore requires immediate remedy on the part of the employer.

You may seek appropriate legal help. Any practicing advocate in the Labor Court, Industrial Tribunal, or High Court will be able to advise you at a reasonable cost. Immediately prepare a notice and serve it on your employer with a copy to the Legal machinery (Assistant Labor Commissioner, (Central) Pune).

You deserve justice and must fight for it.

First up, thanks to everyone for their responses; I am quite chuffed with them. As per these questions, here are the replies:

Q1. Till which date to which date were you on leave? My approved leaves were till 6th Feb; then I applied for an extension from 9th to 15th and then 17th to 5th March; the status of which I couldn't check because of the ailing member.

Q2. Do you have the approval email from your PM/HR? Yes, my leaves till 6th were approved. I never knew the leaves were rejected until I got the first letter to report to work.

Q3. Have you applied for leave extension? Do you have that email/letter? Yes, I do; a scanned copy of the website used for Leave application.

Q4. Did you get approval for the extension from your PM? Do you have that email? I applied, but during the time, my PM changed; I was relieved of my project and sent to buffer which I was unaware of as I wasn't online.

Q5. What is the exact allegation against you? Have they mentioned any dates? They say that I have not reported on the day I was asked to. And they tell me I have not informed anyone; I did inform one of the guys who emailed everyone in the distro. They have declared me absconding since 9th Feb. The letter which was sent out on 24th Feb wanted me to report on 27th Feb (just 3 days) and moreover I got this letter on 28th Feb (Saturday).

Q6. The best person to support you is your reporting authority. What is he telling regarding this? I didn't have a PM when I was expelled. I tried to talk to the PM and Group Head, but they don't want to pin in as they say they don't have any control.

As far as I see, I need to report this to court. On the contrary, I feel, should I not just blast the faces of the HR and Management, informing that you have done me wrong; you may as well sort this matter or I'll have to go to court. Because honestly, I just don't want to work there anymore; all I want is my relieving experience and the money, the genuine money the company owes me.

Thanks again for everyone pitching in.

Hi,

I am sorry to hear about the injustice done towards you. I think you should approach the labor law if the HR and Senior Management are not ready to listen to you.

Dear Friend,

Do you have a proof of your leave application? Did you receive any acknowledgment for your leave application? If you have received it, you may carry that document too when you approach the labor department. If you did not receive the acknowledgment, did you make any effort to call up your immediate manager or HR to inform the situation.

Regards,
Promodini

Hi,

I feel there is a lack of proper communication between you and your reporting manager. Please interact with your line manager. If you had kept your reporting manager updated on a regular basis, the problem would not have arisen in the first place.

Since the issue has already gone out of hand, you need to approach the labor court with all the available documents so that proper legal action can be initiated.

For Mr. Ravi - Please do not provoke people to do acts outside the legal purview. Also, you need to evaluate every situation rationally and not emotionally and guide people accordingly. I went through the previous posts and came to know that you are a senior CiteHR member. By provoking people in this manner, you are not setting a very good example for others.

Regards,
Debashish

PL, collect all necessary documents and approach the labour court. They will definitely help you regarding this ill practice.

If you visited on the 5th, did you sign the visitors' book?

Get the proof and simply approach the labour court. Alternatively, meet some CITU/AITUC representatives. They will definitely help you depending on your truthfulness.

Regards,
POTAN MANOHAR

Dear Ash,

I do not understand why you are so much inclined to take the side of Ravi. Though justified, it really does not matter what he writes.

Now, as far as legal actions are concerned, the friend who initially posted the thread is completely out of this and is not responding to any one of our posts.

If that is the case, the issue cannot be brought out in the open. If the issue does not come up, it is impossible to get to the roots to find a solution.

Now, if the company has indulged in such a deed, I would suggest (personally, though not perfect) leaving that company without any litigation.

The reason is, if litigation is filed, we do not know how many years or decades it will take to get justice.

We can quietly walk out of the company, search for a job, and if the amount of reimbursements is high, I would go with the fact that the money was fate and was not meant for me. Emotional but factual.

Let me share my personal experience. I was working with a company in Ahmedabad itself. It was a BPO (US Process). We were not paid our salary on time, so we decided to launch a campaign against him in opposition. Due to this action, we were paid half the money.

Tired of such conditions, I quit my job due to the irregular salary cycle. After one and a half months, the news was on the front page of the Ahmedabad Mirror that the BPO boss had fled away.

And BANG!!! I lost my incentives, basics, and the allowance for two months, which came up to 20,000 INR. The employees filed a case against him for extortion, and the police said they would look into the case. It is now 6 months and 20 days, and they have not even found where he is, what he is doing, and what about the money???

Nothing comes out against such people, friend. So, take my advice (the ball is in your court for decision): don't file a lawsuit because these are big people, and frankly, nothing can be done against them. They will turn the case upside down and throw us in the bin.

I hope this might help us in getting a bit clearer picture.

Dear Friend,

Every time you support Mr. Ravi, kindly don't encourage these kinds of persons. A serious topic is being discussed, but he gave the worst response and unprofessionally taught. So, please, Ash and all friends, don't encourage this person. Ash, why do you have a soft corner for him? If I said anything wrong, I apologize for that.

I can identify two major problems and assume one problem at the company side.

Prob -1 - You have applied for leave extension, but you do not have approval for the same.

Prob - 2 - You have communicated to "someone" regarding leave extension. This person should be either your PL/PM or your HR. If he is not any of these, your communication is as good as "No communication".

Assumption - Was the reason for your release that you were not there after 6th Feb? If so, it means the person you have communicated with regarding your leave extension has not communicated to the right authority. Which means, to the company, "you are absconding without notice".

Don't mind if my assumption hurts you. I am trying to understand the exact situation, and in the end, I shall give you a solution (hopefully).

Hi Sam_Dave,

Please look on page 2; I have replied and answered the questions that were asked. I am strongly considering filing a case or something :). I really appreciate people pitching in with their replies.

Can someone reply to my thread?

Friends,

Let us not waste our time playing any other role except that of an HR advisor. I can see people are deviating from the actual topic and turning it into a debate ground rather than providing individual inputs to help solve the actual problem. Just ignore the debate part.

Hi Abhishek,

I applied for a leave extension but wasn't aware that it was rejected; I only found out when I received the first letter. I don't feel sorry for not checking as someone in my family was ailing, and I had duly informed about it.

The person who informed the HR and others was instructed by the HR herself. He called me on her behalf to ask about my whereabouts, and I informed him that I had applied for an extension and would report on March 5, which I did. I have a copy of this email.

I was in the UK for most of my tenure, although I am a resource based in Noida. Once offshored, I was told to go to Pune, which is not my base location. I was sent to Pune for KT purposes, which I completed, and I was due in Noida by the 16th of Feb; hence, the release.

There you go! I shall be waiting for your solution.

Dear Zalak and Balaji,

I would appreciate it if you could understand what I am trying to explain. It's not Ravi, but his views that many are frustrated with. I see that only when he says something negative, others tend to give more clarification to their posts.

I would also suggest you to read my post more clearly. It was an explanation to Ravi, and to help him understand that we cannot certify the HR profession as such.

And Balaji, there is nothing wrong in what you mentioned about me having a soft corner for Ravi. He is a good friend of mine, and I would say my best critic. Only a critic helps you grow.

But what you criticize is also important. Ravi, as a critic, helps me think and explain better. Again, it's not a clash of individuals, but a clash of views. Grow up with your thinking Balaji. I guess I have already told you - small people talk about other people, medium people talk about things, great people talk about ideas. See where you should be and what you should be doing for that.

Dear Datsdwayitis - sorry for having to deviate from the topic, but I felt it was necessary to help Balaji understand.

Excellent! I see you have all the proof. Now write an application to all the top management people (MD, CEO, VPs, Account heads, etc.) copy to your HR head and others involved.

Advice:
- Do not write a story.
- Writing should be short and simple.
- Maintain chronological order while describing the problem.
- Enclose all documents in the same order.
- If possible, highlight different key factors like the date, to whom, etc.
- Send this letter via registered post with AD, not courier.
- Do not blame anyone in your letter. Seek help.
- Be ready to follow up this first letter at least five times in 5-10-15-15-15 days interval. Follow-ups shall be done through registered post with AD.
- Still, if you do not get any positive response, go to the labor court.
- Hope you get what you want. Be honest.

Whatever happened to you was very unfortunate, and you can seek legal help for sure. Since such incidents are not very common and not publicized, they often go unnoticed. Therefore, going through a proper legal channel is the most appropriate next course of action that I would recommend to you. The next step is to involve the media, which I feel is the best option in your case. If what you claim is true, then you should proceed with these steps. Don't forget that not everybody in the industry and this profession is bad. After all, we are all human beings at the end of the day. I wish you all the best in your future endeavors.

Dear Ravi,

It's unfair and absolutely unprofessional on your part to defame the entire HR community as a whole. If you don't understand the profession, the least you can do is respect it.

Best Regards,
Manisha

Hi,

You were asking seniors to reply to this. But, I think I'm not that senior to respond here, and I don't have anything else to add beyond the above posts. I can clarify one thing: if you have all the necessary documents and proof, you can approach the labor court. However, you should be aware of the typical time it takes for a court to settle a case.

Think and confirm for yourself before proceeding.

And Mr. Ravi, you may have had a very negative experience with an HR person in your current or previous company; it could be a personal one. Avoid viewing individuals or situations in such a narrow manner. Everyone has their limitations. I hope you understand!

Please let me know if you need any further assistance.

Dear Ash,

My intention was not to make anyone feel offended. I do read each and every post and try to analyze what is hidden between words. You might be great friends with Ravi but then there are certain things that are not supposed to be discussed at the place where there are a number of people who might feel offended (me being one of them). Any word against HR without prior homework and without knowing the fact about the thread excites me (personally).

Anyways, I hope now the friend who has posted the thread might be very clear on what we are supposed to do in order to get rid of such hassles. Do not bother too much about it, file a case with all relevant documents (handwritten as well as electronic) and forget it. I hope now there should not be much discussion on this thread as it will add more complexity for the person who is really in need.

Dear Friend,

I have fully read your presentation. If anyone working abroad happens to come to their native country on vacation or in an emergency, it is advisable that they stay in touch with the organization/Team Head and maintain contact. When they had sent an email to Pune, you were in Punjab, which they didn't know. For various reasons, they will contact you only at the address provided by you in case of an emergency. So, it is a case of a communication gap which has been portrayed as 'absconding'.

It appears that either the company has no strong leave policy or you were unaware of the existing policy in place. Since you have mentioned it is an MNC, I believe you need to handle it with patience.

It is customary for friends to keep in touch and update colleagues on office happenings when they are on extended leave.

As a victim, your words indicate innocence, but we need to approach the matter from a corporate HR perspective with concrete proof and authenticity on the table. We rely solely on records and evidence.

Good luck and all the best!

Regards,
Chandru

Hi Chandrasekar,

I understand your point, but there was no confusion as I had kept everyone informed. I left Pune before I applied for leave, and everyone was aware that my father-in-law is ill and in Punjab. After careful consideration and receiving many suggestions, I believe that taking legal action will help resolve the situation. I hope that the legal notice will achieve my goal, and I won't have to take the company to court.

It's challenging for me to refrain from mentioning the company's name because I want to expose the incompetence of the HR department. However, I won't tarnish the reputation of the entire company for the actions of one individual (no offense intended towards women). This company has a significant presence across India and abroad with over 25,000 employees. It has recently been associated with issues similar to those of Satyam, but I trust that most of you can infer the company's name without explicitly stating it.

Thank you to everyone for your assistance and suggestions. I will keep the forum updated.

Dear Friend,

I have carefully read your message. When someone working abroad visits their home country for vacation or due to an emergency, it is advisable to stay in touch with the organization or team leader and maintain communication. In your case, when you were in Punjab while the company contacted Pune, it resulted in a communication gap, leading to the misunderstanding of your absence as 'absconding'.

It seems either the company lacks a robust leave policy, or you were unaware of the existing policy. Considering it is an MNC, patience is crucial in handling such matters. It is customary for colleagues to stay connected and update each other on office matters during extended leaves.

While your perspective as a victim reflects innocence, as corporate HR professionals, we need to approach the situation with concrete evidence and authenticity. Decisions should be based on records and proof.

Wishing you good luck and all the best!

Regards,
Chandru

I think Ravi's presence reduces the tension.

With poor HR policies prevailing in those big companies, others try to benchmark them. What to do! The HR department sometimes becomes a showoff with nothing in store. Hope the victim gets justice in court.

Regards,
Chandru

Hi,

Please suggest or provide tips and tools on HR Management. I would appreciate it if you could help by offering online or free automated solutions for this.

Regards,
K K Singh

You haven't included your immediate reporting manager anywhere in this episode. Could you please confirm whether the manager was kept in the loop regarding your leave plan?

Dear friend,

You can file a case against that company in the labor court since I assume you have all the relevant documents and proofs with you. Before that, please create a detailed complaint letter with proper supporting proofs, addressing it to the CEO of the company and CC to the HR Head, your senior in the company. Wait for 10 to 15 days for their reply. After that, your case will be strong enough to fight against the ill practices that commonly occur in many companies.

All the best for your new job and your case.

Regards

You need to make a complaint to the local Labour Commissioner's office under Section 2(k) of the Industrial Disputes Act. The employer cannot terminate the services based on a presumption of abandonment but must conduct an enquiry in compliance with the principles of natural justice. Only after abandonment is proved through evidence can the employer inflict punishment. The employer CANNOT summarily dismiss an employee for any misconduct. In your case, the facts as stated by you clearly show that the company has acted in an illegal and arbitrary manner.

After you file a complaint with the Labour Commissioner, a notice will be sent to the company, and they will be asked to justify the reasons for termination. If the company does not appear or reply, the case will be referred to the Labour Court as per the provisions of the Industrial Disputes Act.

In my opinion, if you start the process of filing a complaint with the Labour Commissioner, things will sort themselves out with alacrity.

Regards.

Dear young man,

I have sympathy for you, but I can't support your way of thinking (i.e., to inform the Government). It will damage your entire career. First, look at yourself. How much are you at fault? Is the story a true one or a fabricated one? In the present job scenario, employees should be more careful. Instead of wasting your time fighting, think differently. Try to convince them with an undertaking from your side or look for a change.

Hello Everyone,

First and foremost, I think "Datsdwaytis" needs to put himself some sort of a name-tag... would be more appropriate :-). And especially when you want everyone's help?

And Datsdwaytis--is the HR lady Asha Naik, by any chance?

Now, I think most responses seem to be missing one salient point here.

Someone mentioned that it could be a case of either "no strong leave policy" or being unaware of the existing policy. I think it's neither.

He is in the IT industry, where layoffs/pink-slips are the vogue at this point in time.

The way I look at it is: he failed to notice the smoke signals even when he was put on the bench/buffer. HIS NAME MUST HAVE BEEN IN THE PINK-SLIP LIST for sure. That's the usual first step any company does, before laying off anyone. The only difference here seems to be the way it was done. But if one were to go by the way layoffs are being done in India [Wipro, Satyam, etc.], I am NOT surprised.

Now coming to the NEXT step/course of action.

Like Zalak Dave mentioned, leave without any litigation for heaven's sake... don't screw up your career. Let me explain. Assuming you file a case in labor court or anywhere else. The company can afford to put up a battery of lawyers to handle the case. Can you? And even if you can, for how long? And do you want to keep focusing on this part of your life/career for years or move on to your next job? That's YOUR choice... not anyone else's.

And the present company can screw up your references too when your next employer calls. Just think about it, sir!

That's NOT to say -- forget this.

Just do what Abhishek mentioned... to put everything on record from your end. Maybe emails should do [with appropriate flags of receipt confirmations]. And if your mails to them bounce [which is a distinct possibility, create & use new ones UNTIL YOUR PURPOSE IS HANDLED]. Don't worry if you don't hear from them... most likely they won't respond. [And also remember Abhishek's advice: don't blame anyone in any of your correspondence. And if you already have done that by now, please take the opportunity to apologize -- no harm in doing that -- when you write now, saying you were very mentally disturbed, etc.]. And when you have sufficient ammo in hand, just SIT ON IT.

Just begin to look for other openings meanwhile. And -- HERE COMES THE IMPORTANT PART -- AFTER you have established yourself in the new company [hope you get why], revive this matter with this company and if you don't get this resolved, DON'T TAKE IT TO THE COURT -- TAKE IT TO THE MEDIA [there are so many channels today - you are sure to find someone to air this story]. I am sure you will get ALL YOUR DUES then. Only you need to wait until you are in safe territory - meaning a new job THAT DOESN'T JUDGE YOU ON THIS COMPANY'S FEEDBACK ANY LONGER.

Most people/companies - whose ethics are low - will NEVER EVER be afraid of courts [I remember a quote here: People who think money can do everything are sure to do anything for money]. But they will lose sleep ONLY BY ADVERSE PUBLIC OPINION.

I hope you got what I wanted to convey. I will bet my last penny that this will work.

Regards,

TS

I am a junior member of the site. I read your case and suggestions as well. I would suggest that first of all, you try to get a job, and after that, you go through your appointment letter or contract, whichever is applicable. Then, approach a lawyer and send a notice to your company. I hope this advice will help you.

Thanks

Dear friend,

It appears that you have no cordial relations with the HR Department. The HR Manager naturally takes follow-up action as per the rules of the firm for prolonged absence of employees. At the first instance, I would like to suggest that when you want to go on leave, it is your bounden responsibility to apply for leave in advance and get it sanctioned by the leave-sanctioning authority before taking leave. Although you have sent leave letters that were not granted, regardless of the reasons for your absence, it is your duty to keep the firm informed of your whereabouts regularly with valid reasons and genuine circumstances. We should ensure that there are no lapses on our part.

However, in case the HR Manager acts biasedly, there is no objection for you to appeal to the next higher authority, explaining the circumstances under which you have extended your leave without joining duty as directed. The principles of natural justice always help in any matter. Any MNC cannot terminate employees on flimsy grounds without valid reasons and without giving an opportunity to explain the circumstances under which the employee was found to be absent, as per the principles of natural justice.

Therefore, you are free to approach the Head of the MNC to explain the circumstances under which you have taken leave and request a reconsideration of the termination proceedings, duly providing valid material evidence to that effect. I hope you will receive proper justice.

Suri Babu Komakula

Dear Boy,

Do not jump into provoking situations. As someone suggested, you cannot go directly to the Labour court. It has to be routed through the Labour Dept. of your State. MNCs may not follow natural justice. So you have a claim, provided you can prove your innocence. Don't be surprised to see that the MNC submits evidence of having sent different letters to you by post in a court of law. Therefore, you must also be able to prove your position well, for which you have to collect all documentary evidence, besides witnesses to support your side.

If the organization has a code of conduct for officers like you, there could be a possibility of a clause like "abandonment of service" by the employees if they don't report for work for more than 7 days or so. If so, this clause would have been revoked by the organization.

You have to file a suit in the High Court of your state through a good advocate with all evidence. You have a chance of winning if you can prove that you received all their communication late through the post.

Good Luck,

Gopan

Mr. Ravi,

Please do not give comments without analyzing the situation, and don't jump to conclusions when making hasty decisions. There are methods to approach different situations. Why have you not suggested shooting the HR Manager and the CEO of the MNC to resolve the issue? It's because you know that it's not the ultimate solution. Understand that in HRM, systems and mechanisms are already in place to deal with such situations. Just by hearing one party, you cannot decide what actions to take. Be patient and avoid getting emotional.

Take this as advice from an elder brother and an experienced HR professional.

Gopan

Dear Dats,

At the end of the day, there is no point in staying at a place where you are not wanted. In many modern-day companies, not only MNC's, the role of the HR is NOT Human Resource Development - but Human Recruitment/Replacement Department. There are many unwritten policies in most of the companies, which you are a target of; your personal grievance was just an opportunity for your HR to act. Move on, get a job, engage yourself, keep writing to the CEO, and WAIT. I am sure, considering your brand value, the ex-company's competitors will love to have you on board. Best of luck.

Kiran

Great TS :-) The message is so clear.

Dear Datsdwayitis, make sure your position is safe, and you are in a safer territory, and then simultaneously take this issue. For now, make sure all docs are collected and kept with you.

We come across this kind of malpractice everywhere. How many of you have taken the initiative to approach in the right way? How many of you got justice? How many of you have become the prey and victims of this? Does anyone have an approximate number to give on this? Well, still some are daring to take action, but they will still be the victims of no support or threats.

I strongly agree with Chandan's wonderful advice given to dear Ravi, but it will be applicable only in a law that will not differentiate between white-collar and blue-collar, rich and poor. Please don't tell me that India has good practices. Before advising, please analyze the situation and put yourself in the victim's place. Then, my dear Chandan, you will understand. Hope you have not been mistreated, due to which you give such flowery advices.

Until you bring fear to the culprit that if he/she makes a mistake, they will be punished without fail, then you will see a free and secular India. I appreciate Ravi for at least instilling some fear in people who are reading Ravi's article and will be scared to do injustice to others. Though it's not correct, it's right to correct some wrongs to eliminate this kind of practice.

My advice to Mr. datsdwaytis is to take legal action against your company and bring this notice to the HR community in India and globally. Before all this, please have enough evidence and documents to support your plea and argument. Don't rejoin the same company; your happiness will surely be threatened. Meanwhile, try to get a formal relieving letter and then proceed with other things as advised. If somebody has done this purposefully, teach them a lesson, but not immediately. Keep this as a secret for yourself. Don't forgive any knowingly done mistakes; if you do, you are encouraging the wrongdoings to grow bigger.

Wishing you all the very best for your new job and hope you will have a great time there and perform even better than in your last position.

~ Sunil Lawrence

I was just reading many of our friends giving good advice on going legally... Please, let me repeat this sentence once again: "PLEASE PUT YOURSELF IN THE PLAINTIFF'S PLACE," truly imagining, and you will understand the situation. I really don't wish for Mr. datsdwaytis, whether he or she, I don't know, to become a veteran running his case in the labor court even after 30 years from his retirement. Let's be practical and a little merciful to the plaintiff. I remember an ad my friends in this community advised Mr. Ravi not to guide a person like this, but Ma'am's and Sir's, please watch the Kitply Cardboard ad on TV; you will understand. Let's think practically and help others; that's why we have this community, not to guide someone into problems forever.

My sincere apologies to all of you who misunderstood my communication... but the truth is we have to treat different problems with different methods to find an end answer for that and other related problems. Otherwise, it will keep continuing, and one fine day the plaintiff may also pass away, and the company will also disappear, but the case will still be in trials and sessions in court.

~ Sunil Lawrence

Dear D,

You can do the following:

1. You should go by your appointment letter, which should contain the terms of agreement of your appointment as well as the termination of service. If the terms include an arrangement for the termination of your services as they have done, then you can file a claim before the concerned labor office regarding the voiding of your retrenchment only if they have not followed the practice of sending notice to you three times via Registered A.D and then by publishing a notice of the same in the local newspaper about your refusal to turn up, which is indeed not the case.

2. The company must be paying your Provident Fund contribution, and if they are not, then they will be penalized at the PFC Office. Vice versa, if they are paying PF, they still have to follow the rule stated in point 1 above.

3. The service regulations are also crucial documents, the reading of which is to be considered as the code of conduct between an employee and the corporation. In the absence of that, the standings of the Standing Order prevail.

The company can be sued under the following acts:

1. Factories Act
2. EPFO Act
3. Standing Order Act
4. Equal Remuneration Act
5. Gratuity Act

There are more rules to be followed before the retrenchment of an employee by a company operating in India; there are no exceptions for an MNC or Indian corporation.

Don't worry that anybody can ruin your career &ndash; be firm with a peaceful attitude.

Regards,

nirajniruchaturvedi@rediffmail.com

Dear,

It's very bad on the part of the Indian management of an MNC company. You must take legal action, but for that, you must have all the proofs with you to make your case strong. I don't find it worthwhile to work with this company anymore, but don't let them get away without taking any action.

You must have the letter or a copy of the email that you used to request an extension of your leave. Present your case strongly. They can't do this. If you remain silent, it will become easy for them to repeat such things.

We, all site members, are with you. Good luck and fight the best.

Hi,

As suggested by the seniors, take all the documentation of the correspondence/visits made with the names of top to bottom levels of management, whoever was involved in the process, to the HR Commission/Labour Court to seek compensation along with PF/ESI, etc., for all the agony you went through. Before that, keep in mind the following:

- Change the job to a new company.
- Join the new company with the offer/appointment letter.
- Complete your probation period.
- Obtain the job confirmation letter from your current employer.
- Proceed with the above process.

Additionally, publicize the individuals involved in the termination of your services from the previous company, including phone numbers, email IDs, and possibly photos, so that other employees of that company or potential new hires are aware of the situation. Jago India.

It may take time, but at the end of the day, you will be happy as you have raised awareness in the system through the people.

Wishing you all the best. Stay tension-free, stay cool, and proceed step by step.

Kumar

Hi, I'm a student who just completed the first year of my MBA. I plan to take up a specialization in HR next year. I don't have many details on what needs to be done, but I have a piece of advice: "just love your job and not your company." In good times, the HR will address you as "this is YOUR company, and the credit goes to you," but during bad times like the present slowdown, they would say, "this is MY organization, and we are not happy with your performance," and may reject you without a reason. Ultimately, your kids and your family will question you for losing your job and not your company. So, it's important to be alert and keep a distance from the authorities because they might just use you in good times in the name of delegation of authority but will not care about what you served them when they don't need you anymore. It's okay to switch jobs according to your satisfaction and not give immense importance to "employee loyalty" since the officials of the company themselves don't know what employee loyalty is. The above case is an apt example of it. Thank you.

Dear,

With all due respect, one thing is not considered at all. When a person returns from any other unit - India or abroad - reporting to the concerned unit head and obtains the handover charge report, the same should be submitted to HR. In many places, this is done automatically. By default, many young executives miss this procedure and end up in a similar situation. Do not say it is only with MNCs; it is a general practice all over the world.

Forget about the past. Try to make new history. Join another company, perform, follow procedures and systems, and be successful.

Regards,
Dr. Raj Mohan

Dear KK Singh,

I found your request about management automation solutions in this thread dealing with a heated discussion on 'employer Vs employee' tussle. Throughout the ongoing thread, your question seemed out of place. Despite attempting to redirect the conversation, it went unnoticed. I suggest posting a new query to introduce a fresh topic and engage everyone. Otherwise, the original post may lose its essence.

Regards,
Chandru

Hi all,

I have read the posts of various members here, and many have strong words for Mr. Ravi, with some complaining that it is provoking.

He spoke in anger, claiming that injustice is being done by the HR department. The victim in question is 'TheWayItIs,' and this situation stirs up strong emotions in all of us. What does it really mean? We all speak the same language, yet Ravi was quite harsh. He expressed what he would have done if he were in the victim's place, for the sake of argument.

Gandhiji and Subash worked for the same cause but in different styles. One was in 'sathviga,' and the other in 'dham-doom.'

When we witness atrocities, don't we sometimes say in anger, 'we have to make these politicians stand in line and shoot them down without mercy'? Do we actually act on those words in real life?

This is an open forum where many members voice their views. As a patient HR person, it is the duty of 'TheWayItIs' to analyze, accept, and reject the points discussed here.

So, dear friends, let's not get provoked and lose our composure here.

Fondly with regards,

Chandru

Hi, do you have a letter from HR showing the policies, terms, and conditions? If yes, then go through them. Read the policy on termination. If it does not match the period of time in which you responded, that would be great. It may be helpful for you before proceeding to report against them.

Dear Friend,

Let me express my view. I feel you are hiding some facts of your mistake and trying to put all the blame on the management. Firstly, I don't think any responsible employee would go for such a long absence just for their would-be father-in-law. If you are truly responsible, you should report for duty after a few days of leave. I can't believe that there is no one else in the family to take care of him.

Secondly, from your letter, it is clear that the HR department is not making its own decisions but following instructions from some seniors. However, as an HR person, I cannot justify the actions of the HR Department. If you decide to seek legal remedies, do so without making too much noise because it could harm your future career. No management will hire an employee who already has disputes with their previous management. Before pursuing legal action, send a registered letter with copies of all documents to the top management.

All the best,
Shiv