Dear friend
It appears that you have s no cordial relations with HR Department. HR Manager naturally take follow up action as per the rules of the firm for prolonged absense of the employees. At the first instance, I would like to suggest you that when once you wanted to go on leave, it is your bounden responsibility to apply for leave in advance and get it sanctioned by the Leave sanctioning authority before going on leave. Though you have sent leave letters that were not granted. Whatever the reasons for your absence, it is your duty to keep informed of your whereabouts to the firm regularly with valid reasons and genuine circumstances. We should see that there should not be any lapse on our part.
However, in case the HR Manager acts biasly, there is no objection for you to appeal to the next higher authority explaining the circumnstances under which you have extended your leave without joining to duty as directed. Principles of natural justice always helps you in any matter. Any MNC cannot terminate employees on filthy grounds without valid reasons and without giving an opportunity to explain the circumstances under which the employee found to be absent, as per the principles of natural justice.
So, you are free to approch the Head of the MNC to explain the circumstances under which you have gone on leave and request for reconsideration of the termination proceedings, duly producing the valid material evidence to that effect. I hope you would get proper justice.
Suri Babu Komakula
From India, Vijayawada
16It appears that you have s no cordial relations with HR Department. HR Manager naturally take follow up action as per the rules of the firm for prolonged absense of the employees. At the first instance, I would like to suggest you that when once you wanted to go on leave, it is your bounden responsibility to apply for leave in advance and get it sanctioned by the Leave sanctioning authority before going on leave. Though you have sent leave letters that were not granted. Whatever the reasons for your absence, it is your duty to keep informed of your whereabouts to the firm regularly with valid reasons and genuine circumstances. We should see that there should not be any lapse on our part.
However, in case the HR Manager acts biasly, there is no objection for you to appeal to the next higher authority explaining the circumnstances under which you have extended your leave without joining to duty as directed. Principles of natural justice always helps you in any matter. Any MNC cannot terminate employees on filthy grounds without valid reasons and without giving an opportunity to explain the circumstances under which the employee found to be absent, as per the principles of natural justice.
So, you are free to approch the Head of the MNC to explain the circumstances under which you have gone on leave and request for reconsideration of the termination proceedings, duly producing the valid material evidence to that effect. I hope you would get proper justice.
Suri Babu Komakula
From India, Vijayawada
Dear Boy,
Do not jump into provoking situations. As some one suggested, you can not go directly to Labour court. It has to be routed thro Labour Dept. of your State. MNcs may not follow natural justice. So you have a claim, provided you can prove your innocence. Dont be surprised to see that MNC submits evidences for having sent different letters to you by post, in a court of law. So you also must be able to prove your position well, for which you have to collect all documentary evidences, besides witnesses to support your side.
If the organisation has a code of conduct for officers like you, there could be a possibility of a clause like "abandonement of service" by the employees, if they dont report for work for more than 7 days or so. If so, this clause would have been revoked by the organisation.
You have to file a suit in the High Court of your state through a good advocate with all evidences. You have a chance for winning, if you can prove that you have received all their communication late thro. post.
Good Luck
Gopan
From India, Kochi
Do not jump into provoking situations. As some one suggested, you can not go directly to Labour court. It has to be routed thro Labour Dept. of your State. MNcs may not follow natural justice. So you have a claim, provided you can prove your innocence. Dont be surprised to see that MNC submits evidences for having sent different letters to you by post, in a court of law. So you also must be able to prove your position well, for which you have to collect all documentary evidences, besides witnesses to support your side.
If the organisation has a code of conduct for officers like you, there could be a possibility of a clause like "abandonement of service" by the employees, if they dont report for work for more than 7 days or so. If so, this clause would have been revoked by the organisation.
You have to file a suit in the High Court of your state through a good advocate with all evidences. You have a chance for winning, if you can prove that you have received all their communication late thro. post.
Good Luck
Gopan
From India, Kochi
Mr.Ravi,
Please do not give comments without analysing the situation, and dont jump into conclusions for taking hasty decisions. There are methods to approach diffent situations.
Why have you not suggested to shoot the HRManager and the CEO of the MNC and kill them? Because you know that its not the ultimate solution. So understand that in HRM, systems and mechanisms are already prevailing to deal with such situations. Just by hearing one party you can not decide what to be done. Be patient and dont get emotional.
Take it as an advice from an elder brother and an experienced HR person.
Gopan
From India, Kochi
Please do not give comments without analysing the situation, and dont jump into conclusions for taking hasty decisions. There are methods to approach diffent situations.
Why have you not suggested to shoot the HRManager and the CEO of the MNC and kill them? Because you know that its not the ultimate solution. So understand that in HRM, systems and mechanisms are already prevailing to deal with such situations. Just by hearing one party you can not decide what to be done. Be patient and dont get emotional.
Take it as an advice from an elder brother and an experienced HR person.
Gopan
From India, Kochi
Dear Dats,
At the end of the day, there is no point in staying at a place where you are not wanted.
In many modern day companies, not only MNC's, the role of the HR is NOT Human Resource Development - but Human Recruitment / Replacement Department.
There are many unwritten policies in most of the companies, which you are a target of, your personal grievience was just an opportunity for your HR to act.
Move on, get a job, engage yourself, keeping writing to the CEO, and WAIT.
I am sure, considering your brand value, the ex-company's competitors will love to have you on board.
Best of luck.
Kiran
From India, Bangalore
At the end of the day, there is no point in staying at a place where you are not wanted.
In many modern day companies, not only MNC's, the role of the HR is NOT Human Resource Development - but Human Recruitment / Replacement Department.
There are many unwritten policies in most of the companies, which you are a target of, your personal grievience was just an opportunity for your HR to act.
Move on, get a job, engage yourself, keeping writing to the CEO, and WAIT.
I am sure, considering your brand value, the ex-company's competitors will love to have you on board.
Best of luck.
Kiran
From India, Bangalore
Great TS :-) The message is so clear.
Dear Datsdwayitis - make sure your position is safe, and you are in a safer territory - and then simulateneously take this issue.
For now...make sure all docs are collected and kept with you.
From India, Madras
Dear Datsdwayitis - make sure your position is safe, and you are in a safer territory - and then simulateneously take this issue.
For now...make sure all docs are collected and kept with you.
From India, Madras
We come across this kind of malpractice every where. How many of you have taken initiative to approach in a right way?? How many of you got justice?? How many of you have become the prey and victims of this...??? do any one has a approximate no. to give on this. Well, still some are dare to take action still they will they the victims of no support or threatenings. I strongly agree with Chandan what is wonderful advice given to dear Ravi, but it will be applicable only in that law which will not see who is while collar & who is blue, who is rich and poor... pls don't tell me that India has that good practice. Before advicing pls analyse the situation and put yourself in victims place then my dear chandan you will understand. Hope you have not been illtreated due to which good flowery advices you have. Untill you bring fear to the culprit that if he / she does mistake they will be punished without fail then you will see an free and secular India. I appreciate Ravi to atleast bring some fear in some people who are reading Ravi's article will be scared to do injustice to others. Though it's not correct but it's correct to correct some hook worms to get out of this kind of practice.
My advice to Mr. datsdwaytis <link updated to site home> ( Search On Cite | Search On Google ) is to take an legal action against your Co. and bring in this notice to the HR community India and Global hope you are aware about this many we have. Before all this please have enough evidence and documents to support your plea and argument. Don't join the same co. your happiness will be surely threatned. Mean while try to get a formal releaving letter and then proceed with other things as adviced. If you have somebody is done this purposefully teach them a lesson but not immediately - keep this as secret for yourself. Don't forgive any knowingly done mistakes, if you do you yourself encouraging for the hook worms to grow bigger.
Wishing you all the very best for your new job and hope you will have a great time there and perform more better than your last work...
~ Sunil Lawrence
From India, Madras
My advice to Mr. datsdwaytis <link updated to site home> ( Search On Cite | Search On Google ) is to take an legal action against your Co. and bring in this notice to the HR community India and Global hope you are aware about this many we have. Before all this please have enough evidence and documents to support your plea and argument. Don't join the same co. your happiness will be surely threatned. Mean while try to get a formal releaving letter and then proceed with other things as adviced. If you have somebody is done this purposefully teach them a lesson but not immediately - keep this as secret for yourself. Don't forgive any knowingly done mistakes, if you do you yourself encouraging for the hook worms to grow bigger.
Wishing you all the very best for your new job and hope you will have a great time there and perform more better than your last work...
~ Sunil Lawrence
From India, Madras
I was just reading many of our friends giving good advice of going legally... please i repeat this sentence once again " PLEASE PUT YOURSELF IN THE PLAINTIFF'S PLACE truly imagining " you will understand the situation. I really don't wish Mr.datsdwaytis he/ she I don't know want to become a Veteran running is case in labour court even after 30 yrs from his retirement. Let's be practical and little merciful to the paintiff. I remember a add to my friends here is community advising Mr. Ravi not to guide a person like this, but Ma'am...'s and Sir....'s please watch the Kitply Cardboard add in TV... you will understand. Let's think practical and help others... that's why we have this community and not for guiding some one to run in problem forever...
My sincere apologies to all of you who misunderstood my communication... but it's the truth we have to treat different problems in different methods which will give an end answer for that and other related problems. Else, it keeps continuing... and one find day the paintiff also die and the co. will also disappear...:-P:-P but the case will be still in trails and sessions in the court... :-D:-D:-D
~ Sunil Lawrence
From India, Madras
My sincere apologies to all of you who misunderstood my communication... but it's the truth we have to treat different problems in different methods which will give an end answer for that and other related problems. Else, it keeps continuing... and one find day the paintiff also die and the co. will also disappear...:-P:-P but the case will be still in trails and sessions in the court... :-D:-D:-D
~ Sunil Lawrence
From India, Madras
Dear D,
You can do the following-
1. You should go by your appointment letter which should have in it the terms of agreement of your appointment as well as the termination of service. If the terms have such an arrangement that your services can be terminated by the way they have done, then you can claim before the concerned labour office about your retrenchment to be void only if- they have not followed the practice of sending notice to you through
Registered A.D three times and then by publishing a notice of the same in the local newspaper about your refusal to turn-up; which is indeed not the case.
2. The company must be paying you the contribution of Provident Fund and if they not, then they will be penalised in the PFC Office. Vice-versa, if they are paying PF then again they have to follow the rule stated in point 1 above.
3. The service regulations are also one of the key documents whose readings are to be taken as the code of conduct between an employee and the corporate. and in absence of that the standings of Standing Order prevails.
The company of yours can be sued in following acts-
1. Factories Act,
2. EPFO Act
3. Standing Order Act.
4. Equal Remuneration Act
5. Gratuity Act
there are more rules to be followed before retrenchment of an employee by a company doing operation in India, it does not have any exception for an MNC or Indian corporate.
Don't worry that anybody can ruin your career, be firm with an peaceful attitude.
Regards,
You can do the following-
1. You should go by your appointment letter which should have in it the terms of agreement of your appointment as well as the termination of service. If the terms have such an arrangement that your services can be terminated by the way they have done, then you can claim before the concerned labour office about your retrenchment to be void only if- they have not followed the practice of sending notice to you through
Registered A.D three times and then by publishing a notice of the same in the local newspaper about your refusal to turn-up; which is indeed not the case.
2. The company must be paying you the contribution of Provident Fund and if they not, then they will be penalised in the PFC Office. Vice-versa, if they are paying PF then again they have to follow the rule stated in point 1 above.
3. The service regulations are also one of the key documents whose readings are to be taken as the code of conduct between an employee and the corporate. and in absence of that the standings of Standing Order prevails.
The company of yours can be sued in following acts-
1. Factories Act,
2. EPFO Act
3. Standing Order Act.
4. Equal Remuneration Act
5. Gratuity Act
there are more rules to be followed before retrenchment of an employee by a company doing operation in India, it does not have any exception for an MNC or Indian corporate.
Don't worry that anybody can ruin your career, be firm with an peaceful attitude.
Regards,
Dear... Its very bad on the part of the Indian management of an MNC company.....
you must take legal action but for that you must have all the proofs with you for making your case strong...... I dont find it worthful to work with this company anymore, but dont let them with out taking any action.....
You must be having the letter or copy of mail that you had used for extension of your leave.....
Put your case strongly...... They cant do this....if you will remain silent it will become easy for them to repeat such things......
We all cite members are with you......
good luck and fight the best............
From India, Mumbai
you must take legal action but for that you must have all the proofs with you for making your case strong...... I dont find it worthful to work with this company anymore, but dont let them with out taking any action.....
You must be having the letter or copy of mail that you had used for extension of your leave.....
Put your case strongly...... They cant do this....if you will remain silent it will become easy for them to repeat such things......
We all cite members are with you......
good luck and fight the best............
From India, Mumbai
Hi,
As suggested by the Seniors - take all the documentation of the correspondence/visits made there in with the names of Top to Bottom level of Management who so ever were involved in the process - to HR Commission / Labour Court to compensate along with PF/ESI etc for all the agony you passed thru. Before that keep in mind the following.
- To change the job to new company
- Join the new Company with offer / appointment letter
- Finish off with your probation
- Accept/take the job confirmation letter in hand from the present working company
- Then start the above process
Also give a wide publicity of the people involved in the termination of your services from the previous company along with phone number, email IDs possible with photo's, so that no other employee of that company or who wish to join are aware of the fuss. Jago India.
It will take time but at the end day you are Happy - You brought awareness in the system thru the people.
Wish you all the Best. No tensions - Be cool - go step by step.
Kumar
From India, Hyderabad
As suggested by the Seniors - take all the documentation of the correspondence/visits made there in with the names of Top to Bottom level of Management who so ever were involved in the process - to HR Commission / Labour Court to compensate along with PF/ESI etc for all the agony you passed thru. Before that keep in mind the following.
- To change the job to new company
- Join the new Company with offer / appointment letter
- Finish off with your probation
- Accept/take the job confirmation letter in hand from the present working company
- Then start the above process
Also give a wide publicity of the people involved in the termination of your services from the previous company along with phone number, email IDs possible with photo's, so that no other employee of that company or who wish to join are aware of the fuss. Jago India.
It will take time but at the end day you are Happy - You brought awareness in the system thru the people.
Wish you all the Best. No tensions - Be cool - go step by step.
Kumar
From India, Hyderabad
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