Issuance of notice of termination of services by employer
Mohan Saxena
(Querist) 21 May 2018
This query is : Resolved
Dear Expert,
In the month of Oct 2017 I have joind a Company as Assistant Manager. In the month of November 2017 due to some medical problems, I have been hospitalized for 4 days due to which I have not attended the office. The Company has allowed me Medical leaves during said period of absence as per my appointment rules.
Thereafter regular medical problems with my family i.e. twice hospitalization of my spouse during Feb to March 2017 and recent hospitalization of my son last month I have not attended the office for some day.
Now since 18/05/2018 I am suffering from high fever and requested the company to grant me leave.
In response to my leave application the HR Manager of the Company has issued a notice of termination of my service from the Company through email. The content of the email is as here under :-
Mr. XXXXX,
We regretfully inform you that after a serious discussions, Management has taken the decision to dismiss your services with “Company Name”, due to the constant lack of performance shown by you in day to day assigned tasks, also on disciplinary grounds such as taking frequent leaves without approval that's when your department is going through such a crucial process (Implementation of Software) where we needed your support the most.
We have been constantly monitoring your actions and we found no trace of the slightest improvement in your performance. Thus keeping the company`s losses incurred due to your lack of performance recently, we have decided to release you from your services with this notice with effect from today you are on notice and your last working day will be 31st May 2018.
On same day my response to that notice of termination was as hereunder :-
This is to inform you that I am having high fever since last night because of which I have requested for a leave for today. A copy of doctor's prescription is enclosed herewith for your ready reference.
As far as taking excess leaves are concern, I have taken leaves only at a time of necessity i.e. my own hospitalization immediately after joining “Company Name”, Twice hospitalization of my spouse and recent hospitalization of my elder son last month. I can not ignore such circumstances due to certain personal factors. All documentary requirements related to this can be provided to this if required by you.
As far as my performance is concern, I hv devoted my full official timings for the better of “Company Name” as during the first 2 months of my joining I have brought down the TDS demands which were due from 2007-08 of Rs. XXXXX.XX to Rs. XXXXX.XX.
I have been assigned certain tasks which were not meant for a person with accounting profile like Provident Fund/ESIC compliances which pertains to HR Department of a Company. How can you expect performance from a person not having much experience about it.
In view of this, It is better that I may kindly be relieved from my duties with immediate effects and settle my accounts in full and issue me a releving letter.
Dear Expert,
Please advise me :-
a) How can a employer expect pre-approval of absence from work on medical leaves.
b) Is it appropriate for management to use inappropriate words like a) Puri Family hi Mareej Hai Kya. b) Tumhe TB to nahi hai kya, provide us your chest x-ray report.
c) How they can held me responsible for losses due to non Implementation of Software when no task related to his assigned to me.
d) What action they can take against me in case I want immediate releasing from employment as I am not satisfied with the contents of Notice of Termination sent to me through email as I am really disturbed to this.
Thanking you.
Mohan Saxena
Guest
(Expert) 21 May 2018
Based on your description of the problem, you may better have some consultation on personal appointment from some well experienced expert on service laws by getting your case related documents examined in detail.
Kumar Doab
(Expert) 21 May 2018
Have you so far consulted any Expert/Lawyer and if yes what is the opinion (Paid/Free) rendered to you.
If the opinion is written (that should be more so if you have paid ) pls attach the query and response in Forum section.
You may erase your names/logo/address/email id/phone etc etc to maintain confidentiality.
Let the name of Expert/Lawyer remain without erasing IT.
For such counsels one should check at LOCAL; Labor court/CGIT, CAT, School-Educational Tribunal, Controlling Authority of Gratuity, Civil Courts, HC,SC….
Kumar Doab
(Expert) 21 May 2018
The statement at b) is in writing or on record?
If establishment is willing to withdraw said notice of Termination and erase IT from personnel notes/notings/file ( for future reference in case of reference check/BGV) and accept your notice of resignation (till notice period as in enactments/statue/instrument of law/contract/appointment letter etc or further till you firm up your next venture as per amicable settlement arrived at between employee or attorney’s of employer in line management/HR/legal cells ) OR resignation…as negotiated skillfully by you.. then IT is another perspective..
If attorney’s of employer have taken hard/vindicating stance then you have the discretion to approach good offices of appointing authority/MD/CEO/Board….and represent on merits..
If the establishment/employer/ attorney’s of employer are not convinced with your reply and/or negotiations do not fetch any desired relief to you then they can proceed with Termination per notice of termination duly received and acknowledged by you.
In that case courts are Parens Patriae (Parent to the nation) can set aside Termination (Rather dismissal as posted by you) and award reinstatement with back wages, compensation and /or compensation..
The courts can also grant stay on Termination..
The Authorities ( applicable per coverage of employee) appointed by Govt can also decide the matter on merits with compensation
Kumar Doab
(Expert) 21 May 2018
While posting such queries employee should post basic information!
What is this establishment; GOvt, private, Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?
Do standing orders (model/certified) apply to establishment and your designation?
What is notice period as per appointment letter/offer letter and what was notice period tendered by you?
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?
You may revert to relevant points.
Name of company etc is not required so don’t post names etc .
Other thread by querist;
http://www.lawyersclubindia.com/experts/Termination-of-services-of-employer-681551.asp
Ms.Usha Kapoor
(Expert) 21 May 2018
After giving a legal notice to your top Management if you don't get a response from them within 15 days of notice period you can file a case in labor court stating that Management's behavior smacks and termination order smacks of arbitrary, highhanded, unreasonable, Malicious, Unconstitutional, unfair labor practice and victimization. and hence let them relieve you with payment of all dues to you, your academic certificates, relieving orders etc.with proper acknowledgment etc.Contact a good labor lawyer of repute.
P. Venu
(Expert) 22 May 2018
The facts posted suggests the termination to be bad in law. You have option to pursue legal remedies. The process could be set in motion by approaching the authorities of the Labour Department (if you happen to be a 'workman') or serving a Legal Notice on the Company.
Kumar Doab
(Expert) 22 May 2018
If you reply pointwise to all points the forums that you can approach can be discussed..
