lalit 07 October 2015

Termination

Dear Sir

i am working in private company since 2 years , i want to know i am suffering from spinal tuberculosis and compan is creating pressure for resign giving a reasong of they can not allow more leave without pay ...and they have asked me to submit fitness certicate before continue my job .. basically from last one month i am on leave i have informed to my reporting manager on time in the begning they told me take your treatment but suddenly they asked to resign .

so my question is should i resign ??

or they can terminate me by giving any other reason

and can i get my complete salary because i am not on uninformed leave ??

Kindly suggest me what should i do ??

thanks

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5 Replies

Kumar Doab (FIN) 07 October 2015

First thing first: Record the threats and demands of resignation during sickness (audio/visual/witnessed/minuted)! It is must for you.

Become a member of Employee's/Trade Unions by paying a fee and getting the registration number and slip.

Then clarify:

What is this establishment; Commercial, Industrial.

Is it covered by say: Shops and Estbs Act?

The employee is in which state?
The reporting office is in which state?

The Redg. office is in which state?

Does standing orders apply (certified/Model) to establishment and is designation of employee covered by these?

Are you covered by ESIC?

Do you have a group Insurance/Mediclaim policy?

How can a doctor issue fitness certificate in such medical disorder? Don't force the doctor to submit it and don't submit it!

Obtain all Rx/Lab reports/bed rest advise with proper seal and signature from specialist doctor.

Submit all leave applications by Redg. Post and followed by email to leave sanctioning authority.

lalit 07 October 2015

Dear Sir

What is this establishment; Commercial, Industrial. BPO Company

Is it covered by say: Shops and Estbs Act? Dont Know

The employee is in which state? Haryana
The reporting office is in which state? Haryana

The Redg. office is in which state? Haryana

Does standing orders apply (certified/Model) to establishment and is designation of employee covered by these? I Dont aware about this

Are you covered by ESIC? Yes

Do you have a group Insurance/Mediclaim policy? NO

i just send email to HR dept below

Dear Sir/ Madam,

I am Lalit Tomar , team member of GUTHY RENKER Process in your organization.

I beg to draw your kind attention toward my concern that I was facing back pain from Aug month. I was undergoing treatment . So many tests like Ultra sound, X-Ray, MRI, PET- CT done to diagnose the disease .

In MRI and PET CT report ,

Findings:

My spine L1 Vertebral body involvement with Left Paravertebral and epidural extension of Pathology.Infective Etiology

They found Spinal Infection and advised me to take complete Bed rest cause of Spine soft tissue infected . But Doctors were not sure about reason of infection.

So ,they advised me for one test need to be done in O.T i.e Biopsy on 1 Sep 15.

I informed each and every concern to my Team leader and hospitalized on 1 Sep.

I have provided all my reports to my Team Leader. Doctor has told me without Biopsy report , he cannot prescribe any medicine.So i was advised not to travel in any Vehicle till then medication will not start.

I got the Report of major test Biopsy on 15 Sep. Finding : It was Tuberculosis inflammation. (Non- communicable).

My Spine Surgeon, advised me to consult with Tuberculosis Specialist for this issue.

I got appointment for One of Spine Tuberculosis Specialist Mr. S.M Tuli on 19 Sep. So Finally, my treatment started from 20 Sep.

Doctor advised me for complete 1 month Bed rest due to Softness in Spine , after that i can continue with my services to my Organization.

I have informed to my Team Leader that i will continue services from 28 Sep, but i informed on 26 Sep that i have to Resign , H.R is not allowing.

So , my concern is , I am working in Arcis from 16 Aug 2013 with full dedication. No previous history of uninformed leave. i have given more than 2 year to Organization, but Organization is asking to Resign???

I am expecting Support of my Company in my tough time,But i am getting mental pressure of being Jobless Person in undergoing treatment and it is 2 year Treatment . Since my Doctor advised even i am able to continue services only after 15 days Rest.

So, i am requesting you to allow me time for recovery so that i can continue my service with 100% dedication. I love to be part of this organization and i do not want to discontinue my services.I cannot get such good environment and workplace in other Organization.

I am hoping that my Organization will take care of my concern. As Company has tag lines: "Creating good Relationship more than Outsourcing"

Hoping for your favorable response.

I am attaching all the reports and Doctor prescripttions.

Thanking You

Lalit Tomar

Emp Id- 3336

Process- Guthy Renker

Kumar Doab (FIN) 07 October 2015

Have you become a member of employee's/Trade Unions? You should. Unions in Haryana have traditionally been strong.

BPO employees also formed unions.

Your email is not very properly drafted however you have inserted that you are being asked to resign.

If you get a reply that who asked you to resign then can you? It shall therfore be better to record as suggested.

NO insurance can match ESIC. ESIC shall pay you salary in case of unemployment. Keep your ESIC active.After retirement you can pay as loaw as Rs.120/ and you and your wife can remain insured.

BPO's are covered by Shops and Estsb Act. In Haryana it is covered by Punjab Shops and Establishments Act that is available on website of Dept. of Labor-Haryana.

You can approach Inspector appointed under this Act.

Get your treatment referred by ESIC and you will get all expenses paid.

lalit 09 October 2015

Dear Sir

As i informed you that i have sent an email to my company i have received revert as below

Hi Lalit,

As discussed, we are happy to have you in the organization. Would just request you to please submit your fitness certificate that states you do not have any contagious disease and you are fit to work for 9 hours sitting job.

Request you to please submit the certificate by Monday i.e. 12th October 2015.

Please feel free to contact incase any clarifications required.

Thanks & Regards,

Sanjeev Rana

So i want to ask you what should i do ??

they have given me time till 12 oct after that they will not allow.

thanks

Kumar Doab (FIN) 09 October 2015

It is nowhere written in extarct of email popsted by you that you shall not be allowed after 12th Oct!

Let your doctor certifiy that you do n ot suffer from a contagious disease and you are fit or not right now and what traetment is advised and you can work after treatment..................

You have the right to take proper treatment and submit leave application with medical certificate.

Have you become member of employee's unions. It is reiterated that you must become a member and consult an able labor Law Consultant/service matters lawyer ASAP.