Hello, I have been terminated on 6th May 2019. However, my last date of working was 7th May 2019, and I had informed my TL about my mother's sudden illness and that I may not be able to come for 2-3 days. I was told to bring a medical letter by my TL. However, on 10th May itself, they terminated me with the date 6th May 2019. I have all documents and showed them to HR on 14th May 2019. HR has not replied to my emails since June 2019.
What should I do? Please help.
From India, Mumbai
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What should I do? Please help.
From India, Mumbai
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Invalid Termination Process
The termination stands invalid here.
If the termination has been on the grounds that you have been absent from work, the company is supposed to, for a duration of at least 14 days, send letters of concern by registered post to your residential address (as mentioned in the company records) stating that you are supposed to return to work. It is only when no answers are received for these letters that they can conduct an inquiry in your absence and deem you as absconding. For the inquiry as well, they are supposed to send another letter to you as proof of intimation of the date of the inquiry.
Appealing Against Ex-Parte Judgment
Now, as the decision to terminate has occurred in your absence, this becomes an ex-parte judgment, for which you can, by right, appeal against, so that the inquiry can be reopened and you are given a chance to explain your side, on record. Termination in your absence is actually dismissal. This can always be appealed against.
Steps to Take
As a start, you can send an email and also a letter in hard copy by registered post to the company, asking them for the findings of the inquiry on the basis of which they decided your dismissal/termination. They are bound to respond. If not, the letter in hard copy that you have sent to the company serves as evidence in the labor court that no explanation has been provided to you on your exit.
From India, Bengaluru
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61The termination stands invalid here.
If the termination has been on the grounds that you have been absent from work, the company is supposed to, for a duration of at least 14 days, send letters of concern by registered post to your residential address (as mentioned in the company records) stating that you are supposed to return to work. It is only when no answers are received for these letters that they can conduct an inquiry in your absence and deem you as absconding. For the inquiry as well, they are supposed to send another letter to you as proof of intimation of the date of the inquiry.
Appealing Against Ex-Parte Judgment
Now, as the decision to terminate has occurred in your absence, this becomes an ex-parte judgment, for which you can, by right, appeal against, so that the inquiry can be reopened and you are given a chance to explain your side, on record. Termination in your absence is actually dismissal. This can always be appealed against.
Steps to Take
As a start, you can send an email and also a letter in hard copy by registered post to the company, asking them for the findings of the inquiry on the basis of which they decided your dismissal/termination. They are bound to respond. If not, the letter in hard copy that you have sent to the company serves as evidence in the labor court that no explanation has been provided to you on your exit.
From India, Bengaluru
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