Hello, I have been terminated on 6th May,2019. But my last date of working was 7th May,2019 and I had informed my TL about my mother's sudden illness and may not be able to come for 2-3 days. I was told to bring medical letter by TL. But on 10th May it self they have terminated me with date 6th,May 2019.
I have all doc and shown to hr on 14th,2019. Hr has not replied to my mails from June,2019.
What should I do? Please help.
From India, Mumbai
I have all doc and shown to hr on 14th,2019. Hr has not replied to my mails from June,2019.
What should I do? Please help.
From India, Mumbai
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.
Now, as the decision to terminate has occurred in your absence, this becomes an ex-parte judgement, for which you can by right appeal against, so that the inquiry can be re-opened 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.
As a start, you can send an e-mail 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 teh company serves as evidence in the labour court that no explanation has been provided to you on your exit.
From India, Bengaluru
61If 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.
Now, as the decision to terminate has occurred in your absence, this becomes an ex-parte judgement, for which you can by right appeal against, so that the inquiry can be re-opened 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.
As a start, you can send an e-mail 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 teh company serves as evidence in the labour court that no explanation has been provided to you on your exit.
From India, Bengaluru
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Order No. 1-2018 Extension of date for submitting the statement in FORM GST TRAN-2.pdf
Training feed back form.doc