Facing a Warning at Work Without Proper Documentation: How Should I Respond?

Hello, Respected Seniors,

I am currently working at a Visa and Immigration Consultancy office in Ahmedabad. Yesterday, I was absent due to personal reasons, and the office authority sent me a warning email as follows:

"We would like to inform you that you have failed to perform your duties properly by not completing the assigned tasks. It was explained to you on the first day that meeting daily targets is crucial for the company's growth. Your current attitude is unexpected. The company has high expectations from you, and you are encouraged to communicate any issues you may be facing.

Failure to show positive action by August 15, 2014, may result in strict action, including termination. We hope this warning will lead to improvement in your work."

Furthermore, the office has not provided me with an offer letter or an appointment letter; instead, they had me sign a contract letter. When I raised the issue and requested the company policy letter, appointment letter, and offer letter, they refused to provide them. I am seeking advice on the appropriate actions I can take to address this situation.

Please advise me on how best to handle this.

Thank you.

If your employer has issued an offer letter or an appointment letter, then in the first place, you should not have joined the company. I suggest you walk up to your immediate supervisor and seek his assistance regarding this matter. Just a day of unplanned leave can certainly impact productivity; however, terminating you is a harsh move.

I am sorry to say that based on the given information, I can't suggest the right remedy for the problem mentioned. This is because the letter is incomplete. The date of your absence from duties is missing, and you have not mentioned the clauses regarding your job conditions that were mutually agreed upon at the start of your employment with the employer.

Kindly provide complete details to receive a concrete solution.

Regards

The picture is incomplete. Did you take this as an approved leave, or were you absent without information on an important day? How long have you been working in this company, and why did you sign any documents before you received any letters? It is a mystery.

Therefore, please provide us with the complete picture so that we can guide you in this matter.

Regards,
Ashutosh Thakre

Respected Sir,

Are they not giving me an offer letter or anything? I informed the office just a day ago that I will not be coming tomorrow. If your employer has issued an offer letter or an appointment letter, then in the first place, you should not have joined the company. I suggest you walk up to your immediate supervisor and seek his assistance regarding this matter. Just a day of unplanned leave can certainly impact productivity; however, terminating you is a harsh move.

Regards.

Unfortunately, the company that you work for does not seem to be organized and people-oriented. The fact that you have still not received your letters speaks volumes. I suggest that you start seeking out a new job and, in the meantime, try to remain in the good books of your current employer.

Wishing you the best of luck!!

Regards

From what you have shared, I gather that this is a warning cum show cause notice, which is a common step of disciplinary action against non-adherence to company policy.

I would suggest that you meet your reporting authority and explain why you were "ABSENT," as you mentioned at the outset/start of this discussion thread. Also, communicate that this work opportunity means a lot to you and that you are not casual about your work. If a written apology letter is required by them, please do so if your leave was not approved. Verbal communication in these cases is difficult to prove.

Your response in subsequent threads suggests that your leave was approved. In case a formal leave application was sent and an approval was received formally by email or signed by the reporting authority, please forward the same to show that your leave was formally approved. No employer in their right mind would send a show cause and warning letter out of the blue. Please bear with me for being blunt.

Wish you good luck.

Best Regards,
Abhilasha

Casual Leave and Employer Non-Compliance

You have availed of a Casual Leave, which does not warrant any disciplinary action. Casual Leave is made available to people to handle the casual nature of work.

Now, you cannot curse your employer and continue with them. Non-compliance by the employer is a very common problem in India. You have two options:
1. Quit the Job.
2. Continue with the existing system.

There is a Government Labour Office to handle this issue, but my experience has not been very good with them. Select one option of the two suggested.

Thanks.

Regards,
Avinash Dhomse
[Phone Number Removed For Privacy Reasons]

Going through your message, I understand that you are on a contract job with a private firm engaged in visa and immigration services for its customers.

Understanding Your Employment Situation

First, let us come to a common understanding that you have taken up the job despite having enough knowledge that you are a contractual and not a regular employee. This means you needed the job.

Leave of Absence Policy

No organization, however unorganized it is, would deprive its employees of basic work conditions, and one such condition is leave of absence. However, given the line of business of the firm you are working for (visa and immigration), every time an employee proceeds on leave, it would result in a huge backlog of documents to be processed, and some might even lose their validity due to time-sensitiveness. Hence, you are expected to inform and take prior permission with all concerned before proceeding on leave, which I understand did not take place in your case. I am to understand that you have taken an unplanned leave, and that too was not informed to your immediate superior.

Response to Employer's Action

Your employer did not terminate you but issued a show-cause cum warning letter.

Advice on Handling the Situation

You need the job more than they need you. Hence, may I suggest you not have a confrontational approach towards your employer. Do not waste your time thinking about 'how to tackle them'. The best way out is to respond to that letter giving factual reasons why you had to proceed on leave and what the reasons were for not informing beforehand. Anytime you need to go on leave, take prior permission, preferably in written or email form.

I wish you a long and successful career.

Regards,
Murali

Understanding the Situation

The whole episode is peculiar. If you are not provided with an appointment letter or offer letter message, where is the question of your joining that company, availing leave, or being absent from duties? It seems to be an untrustworthy company. It's better if you leave the company. Nothing significant will happen. If any of your certificates are with the defaulter company, issue a lawyer's notice.

Advice on Resignation

One more thing, do not send your resignation letter; let them remove you. In the older days, there was a story that the king is wearing a dress, which he is not actually wearing at all. Can anyone say the color of the dress the king is wearing? So, do not worry. When you are not provided with an offer letter, who will remove you? It's better to leave that company at the earliest.

Thank you for raising such issues. It has been happening in Ahmedabad in many private Ltd. and HR Consultancies. It seems that the employer you are working for finds reasons to dismiss people, saying that they did not perform well, and therefore would not pay them. Many HR Consultancies in Ahmedabad engage in such false practices of not providing offer letters or appointment letters. In doing so, they tend to pressure individuals to perform regardless of anything.

In Ahmedabad, labor law officers hardly visit small or large corporates and would not offer assistance at all.

Anyways, just steer clear of such Visa Immigration Consultants and please let me know about your educational qualifications. I am a Manager - HR in an IT company but have a few sources where you could perform well in an interview.

"Don't waste your precious time in such so-called professional companies. As other members have said, just be good until you find another job and then never return to that company.

Before leaving, make sure to take your salary; otherwise, they may make fake promises to pay you. You can contact me at the number below and whenever you go for an interview, if you talk about such incidents, be kind and polite.

Good luck and give your best.

Regards, Jaimin Shah [Phone Number Removed For Privacy Reasons]

Kindly provide the following details to get a concrete solution to your query:

a. How many times have you availed of leaves, informed/uninformed?
b. A copy (scan) of your contract letter, which you have signed.
c. Any other documents related to your employment with this organization; please provide details.

Regards