Dear Expert,
I am confirmed employee and worked in Sr position with MNC. I requested through e-mail to my employer for for causal leave due to some swear problem !My services are terminated without giving me any notice " my appointment letter having a clause that "12 Termination of employment
During the probationary period and any extension thereof, your services may be terminated on either side by giving one month’s notice or salary in lieu thereof. However, on confirmation the services can be terminated from either side by giving two months(60 days) notice or salary in lieu thereof.
my query is Is employer is liable to pay my pending salary that was for 15 days
2 That employer is liable to pay Notice period salary that is for Two months
That employer is also liable to pay Compensation for illegal termination .
Thanks
Kind Regards
S.Gill
From India, Delhi
I am confirmed employee and worked in Sr position with MNC. I requested through e-mail to my employer for for causal leave due to some swear problem !My services are terminated without giving me any notice " my appointment letter having a clause that "12 Termination of employment
During the probationary period and any extension thereof, your services may be terminated on either side by giving one month’s notice or salary in lieu thereof. However, on confirmation the services can be terminated from either side by giving two months(60 days) notice or salary in lieu thereof.
my query is Is employer is liable to pay my pending salary that was for 15 days
2 That employer is liable to pay Notice period salary that is for Two months
That employer is also liable to pay Compensation for illegal termination .
Thanks
Kind Regards
S.Gill
From India, Delhi
625
Dear Mr. S. Gill,
Please ensure that you are not a habitual absenteer! Especially in MNC's the company owners hand will not be in great extend since 99% of the MNC's are running with ERP's. Hence and termination requires the acceptance of three or more line managers/department heads and their approvals. First you speak to your HOD and get the full details of your termination. Until unless you violated the company policy no termination will happen without compensation and your salary settlement.
M V MUTHU KRISHNAN
From India, Bangalore
Please ensure that you are not a habitual absenteer! Especially in MNC's the company owners hand will not be in great extend since 99% of the MNC's are running with ERP's. Hence and termination requires the acceptance of three or more line managers/department heads and their approvals. First you speak to your HOD and get the full details of your termination. Until unless you violated the company policy no termination will happen without compensation and your salary settlement.
M V MUTHU KRISHNAN
From India, Bangalore
Dear All,
Thanks for your replies !
reason of termination is that just asked for medical/causal leave and also deputed my junior in my absence for looking after my work and whole year about 20 casual leaves are also pending against me . first i received a mail from company director that
"Any how you are free to discuss your problems with me at any time during 24x7. you should have informed me before going at-least on phone Please try to contact me on my cell phone and discuss your current problems meanwhile i will request ED who will allow you to work on your laptop"
After few days i received another mail from office network .
"Since you are absenting from your duties w.e.f ------ without any prior approval from undersigned. Further to inform you that undersigned made several phone calls but you did not respond. You intentionally switched off your cellphone.Keeping the above in view that it seems you are not interested to serve further more with the company and management has lost confidence in you.Your services are hereby terminated from the strength of the company with immediate effect.You are hereby advised being a Manager that huge charge is lying with u. It will be better that you should hand-over the charge of your Dept. and submit your identity card and other official documents to undersigned "
Lastly i replied exact wording is given below
"As per my last mail i applied for Medical Leave and also replied to your mail in which you have requested ---- to allow me to work through my Laptop and also discuss with you verbally through phone and my cell phone is never switched off since ------ , if you also lost faith on me then you can ask me to resign my self instead of terminating me like this way and in my ---- years experience no single employer has terminated me and your termination is total violation of principle of natural justice . As per the rules of the company & conditions of appointment letter , terminated employee is liable to pay two months salary by the company in case of termination by the employer .So now what i assume i am on Medical leave or Terminated , Thanks "
I hope now whole case is in front of you , please suggest me !
Kind Regards
Gill
From India, Delhi
Thanks for your replies !
reason of termination is that just asked for medical/causal leave and also deputed my junior in my absence for looking after my work and whole year about 20 casual leaves are also pending against me . first i received a mail from company director that
"Any how you are free to discuss your problems with me at any time during 24x7. you should have informed me before going at-least on phone Please try to contact me on my cell phone and discuss your current problems meanwhile i will request ED who will allow you to work on your laptop"
After few days i received another mail from office network .
"Since you are absenting from your duties w.e.f ------ without any prior approval from undersigned. Further to inform you that undersigned made several phone calls but you did not respond. You intentionally switched off your cellphone.Keeping the above in view that it seems you are not interested to serve further more with the company and management has lost confidence in you.Your services are hereby terminated from the strength of the company with immediate effect.You are hereby advised being a Manager that huge charge is lying with u. It will be better that you should hand-over the charge of your Dept. and submit your identity card and other official documents to undersigned "
Lastly i replied exact wording is given below
"As per my last mail i applied for Medical Leave and also replied to your mail in which you have requested ---- to allow me to work through my Laptop and also discuss with you verbally through phone and my cell phone is never switched off since ------ , if you also lost faith on me then you can ask me to resign my self instead of terminating me like this way and in my ---- years experience no single employer has terminated me and your termination is total violation of principle of natural justice . As per the rules of the company & conditions of appointment letter , terminated employee is liable to pay two months salary by the company in case of termination by the employer .So now what i assume i am on Medical leave or Terminated , Thanks "
I hope now whole case is in front of you , please suggest me !
Kind Regards
Gill
From India, Delhi
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