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 Ray 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
.
Thanks in advance.
From India
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 Ray 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
Thanks in advance.
From India
Dear Ranganath,
There are few issues in your case. These are as below:
Firstly, leave is privilege and not entitlement. Therefore, whether to sanction leave or not is the discretion of approving authority and this discretion cannot be challenged. This I am talking about about earned leave and not medical leave.
Secondly, in your company, few employees might have taken company for the ride by fake submission of the Medical Certificate (MC). Now to authenticate the sickness, possibly company could be asking the supporting documents. But then why are you wary of submitting the documents? Go in person to HR, show them original and submit the photocopies. Obtain signature for the receipt of the photocopies.
What about your medical insurance? Did you claim medical insurance? If the original documents are with the medical insurance company then you may ask them to provide the scanned copies. Submit the scanned copies to your company.
Company cannot say you are absconding. You are in touch with them. When a employee not only abstains work but does not respond to the official communication, then only company can declare employee as "absconding".
I recommend you settling this amicably and not to resort to settle it through legal means. TCS is a brand to reckon with. Every single day that you pass in this company adds value to your CV. Therefore, think twice before you take on this company. You may win a case even then also TCS will continue to attract the candidates because of their sheer brand image. However, if you are terminated already then your termination is illegal because they have not conducted domestic enquiry before the termination.
Ok...
Dinesh V Divekar
From India, Bangalore
7855There are few issues in your case. These are as below:
Firstly, leave is privilege and not entitlement. Therefore, whether to sanction leave or not is the discretion of approving authority and this discretion cannot be challenged. This I am talking about about earned leave and not medical leave.
Secondly, in your company, few employees might have taken company for the ride by fake submission of the Medical Certificate (MC). Now to authenticate the sickness, possibly company could be asking the supporting documents. But then why are you wary of submitting the documents? Go in person to HR, show them original and submit the photocopies. Obtain signature for the receipt of the photocopies.
What about your medical insurance? Did you claim medical insurance? If the original documents are with the medical insurance company then you may ask them to provide the scanned copies. Submit the scanned copies to your company.
Company cannot say you are absconding. You are in touch with them. When a employee not only abstains work but does not respond to the official communication, then only company can declare employee as "absconding".
I recommend you settling this amicably and not to resort to settle it through legal means. TCS is a brand to reckon with. Every single day that you pass in this company adds value to your CV. Therefore, think twice before you take on this company. You may win a case even then also TCS will continue to attract the candidates because of their sheer brand image. However, if you are terminated already then your termination is illegal because they have not conducted domestic enquiry before the termination.
Ok...
Dinesh V Divekar
From India, Bangalore
I am now serving the notice period of 30 days, so employer employee relationship still exists.
From India
From India
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