How Can My Friend Navigate Unfair Termination and Notice Period Demands at Trusty Hospital?

Dear All,

One of my friends has been working as a Staff Nurse at Trusty Hospital in Mumbai for the last 3 years. In that hospital, there is a 2-year bond signed by each nursing staff. She completed her bond last year. Until May-09, she had a good relationship with the matron who is the Nursing Head. In May, she applied for Exam Leave, but the matron rejected it. Despite this, she took leave based on her balance. However, upon returning to duty, the matron refused to let her work, stating that she was fired from her job.

For the past 2 months, she has tried to resolve the issue, but her seniors have refused to help, and none of the senior management at the hospital has provided proper feedback. Finally, she decided to submit her resignation, but now the matron is asking her to serve a notice period of 30 days before settling her Full and Final (FNF) dues and providing her experience certificate.

To date, she has not received an appointment letter or signed any contract after completing the 2-year bond (only a 2-year bond was signed at the time of her appointment).

Please guide me on how to help her in this situation and also inform me about any legal procedures that can be taken against Trusty Hospital.

Regards, Amar

Only through dialogues, matters will get solved. Legal procedures are not an immediate remedy, which is time-consuming, and no individual can afford to wait until such time. Tell her to talk to the head to reach an amicable settlement.

She had spoken with the Senior in management, but they just guided her to the next department. Nobody in the hospital has a proper explanation and is playing the game of passing the parcel.

In case there is no precedence or habit of firing employees without paying FNF, I can advise that it will be better to serve the notice period. During this period, she can have an opportunity to make the Matern understand her concerns and request the continuation of the service.

At the time of joining, was it anywhere or anytime mentioned and accepted by her that there would be a 30-day notice period? If not, then they cannot force her to serve a 30-day notice period.

Saurabh

Dear Amar, do not take this as a big issue. Simply say to her to give one month's notice; otherwise, she will receive a non-satisfactory certificate for her experience. If you go to the Labour Court, even if they provide a satisfactory judgment, management will take a long time to settle your account and it will take a substantial amount of time. Additionally, they will not issue a good conduct certificate or settle your Provident Fund (PF) early. Therefore, simply give one month's notice to them, and do not waste her two years of experience without a good conduct certificate.

Dear Amar,

The case I understand is as follows:
1. Staff signed a contract for 2 years.
2. The contract ended.
3. No appointment letter was given.
4. The staff went on leave, and after resuming the job, the matron sacked her.

This is a perfect case of harassment by employers, and we need to teach such characters of people a good lesson. I feel sorry for ignorant workers like your friend being harassed by employers and want to help.

Legal Angel:
a. Once the contract ended, it was duty-bound on the Trust to give an appointment letter, which they failed to do.
b. The Trust cannot terminate any staff without notice and valid reasons.
c. The Trust is bound to give an experience certificate and legitimate Full and Final settlement to the staff as the staff has successfully completed the contract.

1. First and foremost, ask your friend to search for a job. I am sure he/she will find one as we don't have enough nurses in the world to serve mankind.

2. Make a complaint with the labor office and send a copy to the Trust Compliance Offices of your State. You may not get an immediate result, but at least you have registered a case against the trust. They will have repercussions later.

3. Request the friend's guardian or parent to meet the Hospital's Owners. In all dealings, please ensure you do not use any derogatory language against any staff or management. This could harm your case. You may also involve family members to seek an amicable resolution.

4. If none of the above works, seek out a local government welfare officer and inform them of the issue. Lodge a police complaint against the matron and Trustees.

5. Hiring a lawyer will cost money, but since it doesn't seem to be a significant amount at stake here, an alternative is to involve a local political party. Choose a party that upholds principles and will fight for a cause rather than create chaos at the hospital/trust. This is a last resort, and in most cases, you are likely to succeed here. Hospital authorities dislike political interference.

Best of luck,
UKmitra

Dear Amar,

I worked with Multisuper Speciality Hospitals for almost 10 years in HR. Please let me know whether she has a copy of the bond/agreement signed by her. I would be able to guide her further after receiving a reply.

Regards,
Shiv

Dear Shiv,

No such copy was given to her, and I think it was verbally communicated that a 2-year bond is compulsory for all nursing staff, stating that this is the hospital policy or establishment rule. They also mentioned that the staff who have completed 2 years will be confirmed, and the salaries of those employees will be revised.

Regards,
Amar

Amazing!
Everything is illegal as per labor laws.
If such exploitation exists with educated nurses, can you imagine the exploitation of uneducated rural or migrant workers?
As far as labor reforms go, we are still in the Middle Ages.

I think a nurse is a worker and eligible for relief under the Industrial Disputes Act, 1947. She may serve notice under Section 2(A) for the demand of salary, reinstatement, or wrongful termination.

Regards,
Anoop