Due to my unexpected sickness, I was on leave for 1.5 months and had to rest and undergo treatment as advised by doctors. During this time, I submitted all my medical reports and leave applications. My leave was granted against my CL & PL, and my salary was processed accordingly. However, the company subsequently removed me from its records without prior notice, show cause, or investigation, stating that I had not submitted the required documents and therefore my employment was terminated. They also requested me to pay a three-month notice period.
Right to Terminate Without Notice
Does the company have the right to terminate an employee without prior notice, show cause, or investigation, especially when the employee was on medical leave?
Notice Period Payment Discrepancy
Should the company demand a three-month notice period payment when the contract specifies only a one-month notice period?
Additionally, the company has not released my bonus, which exceeds one month's notice pay.
I seek your advice on how to proceed with this situation.
Regards,
Jagdish Gupta
From India, Delhi
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1Right to Terminate Without Notice
Does the company have the right to terminate an employee without prior notice, show cause, or investigation, especially when the employee was on medical leave?
Notice Period Payment Discrepancy
Should the company demand a three-month notice period payment when the contract specifies only a one-month notice period?
Additionally, the company has not released my bonus, which exceeds one month's notice pay.
I seek your advice on how to proceed with this situation.
Regards,
Jagdish Gupta
From India, Delhi
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No company can strike off the name without intimation and cannot ask for 3 months' notice pay if the rule mentioned in the appointment letter/company policy states one month. The company might initiate legal proceedings in such a case. For a bonus, if you have worked for 30 days in the preceding year, then you are eligible.
Meanwhile, could you explain how the leave application was submitted? Was it through written mail or just verbally? Similarly, how was the approval granted - was it in writing or verbally?
From India, Ahmedabad
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Meanwhile, could you explain how the leave application was submitted? Was it through written mail or just verbally? Similarly, how was the approval granted - was it in writing or verbally?
From India, Ahmedabad
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A better approach would be to visit the local labor commissioner's office (if you don't want to continue in your present job) for settlement. You can also reach out to the Shop and Establishment Officer and the Provident Fund Enforcement Officer in your area for assistance with settlement.
Regards,
Shashi
From India, Mumbai
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Regards,
Shashi
From India, Mumbai
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Dear Mr. Hiral Mehta Thanks for your early response I was applied leave in writing with standard leave format of my company along with the medical documents.
From India, Delhi
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From India, Delhi
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THis is against the values and principle of natural justice. Please take appropriate action against the employer.
From India, Pune
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From India, Pune
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Normally, even before proceeding on any type of leave, prior intimation and approval are required. In your case, you mentioned that you had been on one and a half months' leave (due to illness). Has this been properly communicated and acknowledged by the authorities concerned? If so, you should first attempt to seek an explanation from your organization, referencing their approval. If you have not received any acknowledgment or proof of the submission of your documents, then you are in a weak position. In any case, it is advisable to consult a good legal adviser and proceed accordingly. Best of luck.
Regards,
From India, Mumbai
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Regards,
From India, Mumbai
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Firstly, I would like to know if Standing Orders are applicable in your organization and if you are governed by them. Secondly, as you mentioned, you have been submitting medical certificates to management along with your applications for leave. Please check if you have retained any valid proof of their dispatch.
In view of the replies to the above two questions being affirmative, the actions of the management are malafide, as they are in violation of the relevant laws on the subject. You may take recourse to legal procedures. After you win and receive your claim, consider resigning for the safety of your job after the legal tussle.
Regards,
S.K. Johri
From India, Delhi
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In view of the replies to the above two questions being affirmative, the actions of the management are malafide, as they are in violation of the relevant laws on the subject. You may take recourse to legal procedures. After you win and receive your claim, consider resigning for the safety of your job after the legal tussle.
Regards,
S.K. Johri
From India, Delhi
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Terminating any employee without notice and without assigning any reasons is contrary to the provisions of natural justice. Because you have applied for leave due to your unexpected illness, you have every right to continue in your job after getting a fitness certificate from the competent medical authority.
In the first instance, approach the management with a representation explaining the details of your absence for the specified period, the reasons for your absence, together with material evidence in support of your stand, and request permission to rejoin duty. If the management abruptly terminates you, there is no other option but to proceed against the management in a competent court of law for redressal of your grievance. It is advisable to approach the Commissioner of Labour in your jurisdiction and file a suitable case for justice. Remember, justice is on your side, and you will likely win the case.
Regards,
Suri Babu Komakula
From Canada, Calgary
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In the first instance, approach the management with a representation explaining the details of your absence for the specified period, the reasons for your absence, together with material evidence in support of your stand, and request permission to rejoin duty. If the management abruptly terminates you, there is no other option but to proceed against the management in a competent court of law for redressal of your grievance. It is advisable to approach the Commissioner of Labour in your jurisdiction and file a suitable case for justice. Remember, justice is on your side, and you will likely win the case.
Regards,
Suri Babu Komakula
From Canada, Calgary
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