Dear Team, I am a sales manager in a private bank. I handle a contractual sales team and have the right to approve leave, but I don’t have any financial rights. Now, I have received a termination letter from the bank due to absconding and not appearing for the medical examination. I was on medical leave from November 17, 2014. I have all the receipts for my leave application and medical certificate. I also received a letter from my Branch Head for the medical examination by the bank. I visited the bank on the day mentioned in the letter and went to the doctor's clinic along with one branch staff member. I have a copy of the doctor's prescription. I request you to please guide me on whether I can go to the labor court or somewhere else.
Regards, Akhilesh
From India, Gurgaon
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Regards, Akhilesh
From India, Gurgaon
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Termination Under the Punjab Shops and Establishment Act
Since you worked in an establishment in Gurgaon, you are governed by the Punjab Shops and Establishment Act. Under Section 22 of this Act, if your termination is deemed unreasonable, the Magistrate has the authority to set aside the removal order.
Here, you were terminated on the grounds of absconding, which is considered misconduct. To prove absconding, an inquiry should have been conducted by the employer if it was listed as misconduct in the company's policies. Since this does not appear to have been done, you should challenge it before the forum under Section 22 of the Act.
Thanks,
Sushil
From India, New Delhi
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225Since you worked in an establishment in Gurgaon, you are governed by the Punjab Shops and Establishment Act. Under Section 22 of this Act, if your termination is deemed unreasonable, the Magistrate has the authority to set aside the removal order.
Here, you were terminated on the grounds of absconding, which is considered misconduct. To prove absconding, an inquiry should have been conducted by the employer if it was listed as misconduct in the company's policies. Since this does not appear to have been done, you should challenge it before the forum under Section 22 of the Act.
Thanks,
Sushil
From India, New Delhi
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The complainant is mentioning his/her designation as Manager and hence, does not fall within the definition of a worker who can go to the labour court/conciliation officer concerned. He/She has to prove him/herself as a "worker"; only then can the complaint be entertained, and the conciliation process can be completed. Otherwise, the civil court is their option, and the decision will take a long time.
Regards,
P.K. Sharma
From India, Delhi
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Regards,
P.K. Sharma
From India, Delhi
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Understanding Your Employment Status
As pointed out by Sharma, you will not come under the Shops and Commercial Establishments Act or the Industrial Disputes Act because you have been handling a sales team. This means your nature of work has been supervisory and would never fall under the protected class of workmen.
Advisable Steps for Termination Situations
In a situation like this, rather than going for a battle, it is advisable to have an amicable settlement wherein the termination could be stated as "relieved on request/after resigning from service," which will safeguard your career.
Regards,
Madhu.T.K
From India, Kannur
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As pointed out by Sharma, you will not come under the Shops and Commercial Establishments Act or the Industrial Disputes Act because you have been handling a sales team. This means your nature of work has been supervisory and would never fall under the protected class of workmen.
Advisable Steps for Termination Situations
In a situation like this, rather than going for a battle, it is advisable to have an amicable settlement wherein the termination could be stated as "relieved on request/after resigning from service," which will safeguard your career.
Regards,
Madhu.T.K
From India, Kannur
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Steps to Address Unjust Termination
First, serve a notice asking for the reasons behind the termination. One of the important rights you hold is the right to be heard, especially since you imply that you weren't informed of the reasons. Once you serve a notice, they are bound to reply. Clearly mention that you are being terminated, along with other details and reasons (e.g., medical), and then ask them to either take you back or provide compensation.
Most importantly, ensure that your employment agreement does not grant them the right to terminate in such a manner. I mostly doubt this is the case, but sometimes they withhold the right to terminate without a hearing or notice.
You may either approach an advocate to serve a notice (mentioning that if they fail to reply within 15 days, you are bound to take legal action and approach the court) or you can send it yourself via registered post.
After serving the notice, you may contact us for further details.
From India, Bangalore
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First, serve a notice asking for the reasons behind the termination. One of the important rights you hold is the right to be heard, especially since you imply that you weren't informed of the reasons. Once you serve a notice, they are bound to reply. Clearly mention that you are being terminated, along with other details and reasons (e.g., medical), and then ask them to either take you back or provide compensation.
Most importantly, ensure that your employment agreement does not grant them the right to terminate in such a manner. I mostly doubt this is the case, but sometimes they withhold the right to terminate without a hearing or notice.
You may either approach an advocate to serve a notice (mentioning that if they fail to reply within 15 days, you are bound to take legal action and approach the court) or you can send it yourself via registered post.
After serving the notice, you may contact us for further details.
From India, Bangalore
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Termination Letter and Legal Recourse
Since the querist has already received a termination letter, which is prima facie illegal, asking for reasons thereafter from the employer is not advisable. This is because the employer cannot be allowed to give reasons or improve reasons through a counter affidavit or further reply. Please see the Apex court decision in Mohinder Singh Gill vs Chief Election Commissioner, as followed in Renuka Kumari vs State of Jharkhand, decided on 19.11.2011 by the Jharkhand High Court.
Thanks,
Sushil
From India, New Delhi
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Since the querist has already received a termination letter, which is prima facie illegal, asking for reasons thereafter from the employer is not advisable. This is because the employer cannot be allowed to give reasons or improve reasons through a counter affidavit or further reply. Please see the Apex court decision in Mohinder Singh Gill vs Chief Election Commissioner, as followed in Renuka Kumari vs State of Jharkhand, decided on 19.11.2011 by the Jharkhand High Court.
Thanks,
Sushil
From India, New Delhi
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf
Amended Labor Laws.doc