Hi all,
I work in TCS Chennai, a software company. I had applied for sick leave for a period of one month and also produced a medical certificate for the period as required by the company policy for sick leave. However, my employer is saying that I need to submit medical reports such as X-rays, etc., and also for medical bills. Although I informed them of my sickness and having submitted an MC, HR has initiated absconding process. They have put me on stop pay and denied me salary for that period. They do not ask anything from other employees and are clearly trying to victimize me to make me resign. Can you please tell me what action I can take against them legally? Also, what laws are applicable because the company has ignored my communications and is calling my leave as absconding. Any help will be appreciated. Thanks in advance.
You can reply here or mail to apranganath@gmail.com. Thanks in advance.
From India
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I work in TCS Chennai, a software company. I had applied for sick leave for a period of one month and also produced a medical certificate for the period as required by the company policy for sick leave. However, my employer is saying that I need to submit medical reports such as X-rays, etc., and also for medical bills. Although I informed them of my sickness and having submitted an MC, HR has initiated absconding process. They have put me on stop pay and denied me salary for that period. They do not ask anything from other employees and are clearly trying to victimize me to make me resign. Can you please tell me what action I can take against them legally? Also, what laws are applicable because the company has ignored my communications and is calling my leave as absconding. Any help will be appreciated. Thanks in advance.
You can reply here or mail to apranganath@gmail.com. Thanks in advance.
From India
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Dear Ranganath,
There are a few issues in your case. These are as below:
Firstly, leave is a privilege and not an entitlement. Therefore, whether to sanction leave or not is at the discretion of the approving authority, and this discretion cannot be challenged. I am referring to earned leave and not medical leave.
Secondly, in your company, a few employees might have taken advantage by submitting fake Medical Certificates (MC). Now, to authenticate the sickness, the company may be requesting supporting documents. Why are you hesitant to submit the documents? Visit HR in person, show them the originals, and submit photocopies. Obtain a signature for the receipt of the photocopies.
What about your medical insurance? Have you claimed medical insurance? If the original documents are with the medical insurance company, you can ask them to provide scanned copies. Submit the scanned copies to your company.
The company cannot claim you are absconding. You are in touch with them. An employee is declared "absconding" only when they not only abstain from work but also do not respond to official communication.
I recommend settling this amicably rather than resorting to legal means. TCS is a renowned brand. Every day you spend in this company adds value to your CV. Therefore, think twice before taking on the company. Even if you win a case, TCS will continue to attract candidates due to its strong brand image. However, if you have already been terminated, the termination is illegal because a domestic enquiry was not conducted before the termination.
Ok...
Dinesh V Divekar
From India, Bangalore
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8042There are a few issues in your case. These are as below:
Firstly, leave is a privilege and not an entitlement. Therefore, whether to sanction leave or not is at the discretion of the approving authority, and this discretion cannot be challenged. I am referring to earned leave and not medical leave.
Secondly, in your company, a few employees might have taken advantage by submitting fake Medical Certificates (MC). Now, to authenticate the sickness, the company may be requesting supporting documents. Why are you hesitant to submit the documents? Visit HR in person, show them the originals, and submit photocopies. Obtain a signature for the receipt of the photocopies.
What about your medical insurance? Have you claimed medical insurance? If the original documents are with the medical insurance company, you can ask them to provide scanned copies. Submit the scanned copies to your company.
The company cannot claim you are absconding. You are in touch with them. An employee is declared "absconding" only when they not only abstain from work but also do not respond to official communication.
I recommend settling this amicably rather than resorting to legal means. TCS is a renowned brand. Every day you spend in this company adds value to your CV. Therefore, think twice before taking on the company. Even if you win a case, TCS will continue to attract candidates due to its strong brand image. However, if you have already been terminated, the termination is illegal because a domestic enquiry was not conducted before the termination.
Ok...
Dinesh V Divekar
From India, Bangalore
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf