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Aggrieved Employee (Sr. Manager)     10 August 2014

Termination during sick leave

Hello,
 
I was wrongfully terminated during my sick leave and none of the people from my organization are willing to respond to any of my emails to them, including the CEO. Following email was sent to the HR person XYZ, with a CC to the company's CEO, my reporting managers, the head of my business unit, and HR contact's manager. I was never allowed to return and report to office once I was declared medically fit.
 
The company is headquartered in Mumbai, MH and I was employed as Sr. Manager in Bangalore.
 
Hi XYZ,
 
 
I am writing to give a full record of the situations because of which I wasn't able to report to office during April 1, 2014 - July 31, 2014 and my manager was timely informed of my situation at several points in this duration. I was undergoing treatment for severe Jaundice, had leaves approved till June 13, 2014, and despite that was terminated with effect from June 9, 2014. Perhaps the following rather unfortunate sequence of events would give you a better and clearer understanding of my condition and mishandling of this situation from TechM side and help me receive the experience and relieving letters from TechM that I rightfully deserve. As I have mentioned to you in an email sent on August 4, 2014, I would like to return the TechM laptop at the earliest but I would also like TechM to address my concern of a clean relieving and experience letter before I submit this asset.
 
I joined Tech Mahindra as a Sr. Manager on April 8, 2013. Throughout my tenure at TechM, I was dedicated to the growth of company's relationships with the accounts assigned to me.
 
 
I had a personal emergency due to which I had to take leave from April 1, 2014. I applied for leave (earned leave and LOP leaves) and informed Paddy, my reporting manager authorized to approve my leaves by sending him emails on April 5, 2014 and May 2, 2014. I requested him to approve the leaves at the earliest but he did not respond to my emails. My earned leaves were approved on April 13, 2014.
 
 
In the mean time, I was diagnosed with severe Jaundice (viral Hepatitis) on May 8, 2014 and underwent extensive treatment and medical care for the same. Severity of my ailment was such that I could not give a phone call to Paddy or send another email without risking my deteriorating health even further.
 
 
On May 27, 2014, I received an email from you asking to report back to TechM office by May 30, 2014 failing which HR would terminate my services with immediate effect. I was still undergoing treatment for my sickness at the time. With great difficulty I managed to respond to your email suggesting that I had every intention to return to office and resume my duties as soon as my health would allow me to. After receiving my email response, you applied for LOP leaves on my behalf and approved them till June 6, 2014. My doctor made another assessment on June 7th to see if I was medically fit to go through a tiresome travel to Bangalore. However, I was recommended another 2 week's bed rest. Since I was unable to move or sit up straight to be able to call or email you directly, my sister sent you an email on June 8, 2014 apprising you of my health situation and requested more time for me to return to office.
 
 
After this I received a system generated email for application and approval of LOP leaves by you on my behalf. I felt that TechM had decided to cooperate and wait until my return to office. However, to my shock and disappointment, I received an email from you on June 13, 2014 that my employment with TechM had been terminated with effect from June 9, 2014 even though I was still on leave approved by you till June 13th. I responded to your email on June 13th and even offered to resign if my prolonged medical illness was becoming an issue. My body was still unable to function well enough for me to give you a call. Then on June 18, 2014, I received another email from you requesting me to give you a call at the earliest. Since I had had slight improvement in my health by that time, I decided to call you on June 19, 2014 to inform that if the improvement in my health continued, I may be able to report to TechM office in the following week.You informed me that my termination with effect from June 9, 2014 was final and I would be given a normal release and no termination.
 
 
On June 20, 2014, I was diagnosed with more health problems resulting from my severe Jaundice for which the doctor recommended bed rest and medication till July 31, 2014. On July 7, 2014 I came to know that my email access had been disabled without any communication from your end, despite being aware that I was still undergoing treatment.
 
 
On July 30th, my doctor declared me fit for travel and I came to Bangalore on August 3, 2014. I met you on August 4 to return TechM laptop and receive my relieving letter, and you informed me that I would not get any relieving letter and experience letter for the hard work I had put in during the previous 14 months at Tech Mahindra. I am in utter shock and disappointment at the lack of support from an esteemed organization of TechM's repute.
 
 
As you are aware, I have a strong educational background and any reputed organization in India would require me to have a spotless experience and relieving letter from TechM for the period April 8, 2013 till June 13, 2014.
 
 
I am therefore pleading humbly before you to please avoid ruining my professional career and issue the two letters WITHOUT any unjust and undue negative remarks on the same, so that I am able to part ways with Tech Mahindra on the same friendly terms as I enjoyed during my tenure at TechM before all this happened. It is neither my fault that I fell sick nor have I done anything wrong to TechM as its employee that I deserve to be mistreated like this. Please let me know when you would like me to come to TechM office to hand over the laptop and receive the relieving letter and experience certificate.
 
 
Considering the sensitivity and urgency of the matter, I'd appreciate if you could please respond to this email by tomorrow end of day.

Sincerely,
Aggrieved Employee


Learning

 4 Replies

Kumar Doab (FIN)     10 August 2014

 

 

 

You have clarified that you were on approved medical leave and reported to office and offered to handover the company assets that were not collected from you.

 

 

Your lawyer may opine that Termination during sickness may be a bad order.

Every employee is entitled to 'Service certificate' and FnF settlement.

If even good offices are not responding to your representations by email then you should preferably meet a Labor Consultant/Service Lawyer with all record in person and submit final notice (that you can also send) and let your lawyer structure and draft it.

If good offices also do not provide any relief then you shall need to approach lawful authority, court of law.

Although you have posted your designation as a Senior Manager you may still be covered as’ Employee’ as in Karnataka Shops and Commercial Establishments Act  and approach Inspector under this Act , workman as in ID Act and approach o/o Labor Commissioner, since designation alone does not decide that employee shall be covered or not.

If your lawyer opines you shall not be covered then you can approach civil court.

Your lawyer may also opine that you can agitate in courts at Bangalore i.e your last location, Mumbai where company has its HO, or location of Redg. office of the company, or location of jurisdictional courts as stated in appointment letter, or even your last location where Termination order was served upon you.

If company has its Certified standing Orders and your designation was covered you may go thru these, if company submitted Draft Standing Orders you may go thru these and if Model Standing orders were applicable you may go thru these……………

Model Standing Orders:

9.    Leave: (2)      A workman who desires to obtain leave of absence shall apply to the [1][employer or any other officer of the industrial establishment specified in this behalf by the employer], who shall issue orders on the application within a week of its submission or two days prior to the commencement of the leave applied for, whichever is earlier, provided  that if the leave applied for is to commence on the date of the application or within three days thereof, the order shall be given on the same day. If the leave asked for is granted a leave pass shall be issued to the worker. If the leave is refused or postponed, the fact of such refusal or post postponement and the reasons there for shall be recorded in writing in a register to be maintained for the purpose, and if the worker so desires, a copy of the entry in the register shall be supplied to him. If the workman after proceeding on leave desires an extension thereof he shall apply to the 12[employer or the officer specified in this behalf by the employer] who shall send a written reply either granting or refusing extension of leave to the workman if his address is available and if such reply is likely to reach him before the expiry of the leave originally granted to him.

13.          Termination of employment

14.          Disciplinary action for misconduct

16.  Certificate on termination of service.--Every permanent  workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

 

NOTE. - There is a provision under  this  Act for issuing a service certificate at the time of  dismissal, discharge or retirement and every person is entitled to take such certificate.

17.          Liability of 17[employer]

18.          Exhibition of standing orders



[1] Subs. By G.S.R. 824, dated

 

30-6-1975.


Attached File : 959571243 model standing orders industrial employment standing orders rules.pdf downloaded: 90 times

Aggrieved Employee (Sr. Manager)     11 August 2014

Thanks Kumar Doab for the timely reply. Could you please send me a personal message with your contact information? I am hoping for some clarification regarding applicability of the model standing orders (as KA govt has given excemption to IT companies from the standing orders).

Kumar Doab (FIN)     11 August 2014

>>> You should approach a local Labor Consultant/Service lawyer/law firm.

At Bangalore you can access lawyer’s par excellence.

 

>>> It is believed that the exemption that was granted for 1 year was pulled on for 11 years then thanks to the efforts of IT/ITeS employees unions, the blanket exemption was ended.

Trade Unions are willing to embrace the employees from IT/ITeS/BPO/KPO companies.

https://www.itecentre.co.in/

https://ithiworld.wikispaces.com/News+Update

IT/BPO Voice of India | Facebook

UNITES Professionals

www.unitespro.org

https://www.wbitsa.org/

www.itpfindia.org/

https://itnitesunion.wordpress.com/author/itnitesunion/

 

 

Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)

mankar.janardan@gmail.com


https://www.shivsena.org

 

 

 

https://www.amrc.org.hk/node/1088         CBPOP

https://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html

https://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx

 

 

https://www.dnaindia.com/mumbai/report-shiv-sena-forms-first-union-in-information-technology-sector-1465435

Shiv Sena forms first union in information technology sector

 

INTUC,CITU, AITUC,BMS……………….

>>>All such companies are covered by (Name of the state) Shops and Commercial establishments Act.

You may go thru: Karnataka Shops and Commercial establishments Act; Sec: 2(g,k,l,w,),6A,

ChapterIV:

14:

15………………….every employee shall be entitled………………….and shall be allowed…………..(10,11,12)………..

18,21,22,26,27,29,34,35,

39: {Sickness is not misconduct…………}

40                          

And

Karnataka Shops and Commercial establishments Rules………..

 

>>> The employee's can form unions, IC's, 'Works Committee's".

Are you aware that 'Works Committee' is an authority under ID Act.

 

>>> Even otherwise IT Company is expected to have a clear ‘Leave’/Exit policy in line with enactments applicable to it, framed in consultation with employee’s/unions .

It can offer superior benefits but not inferior.

>>>If you are not covered as ‘Employee’, ‘Workman’ then you may approach Civil Court.

 


>>> Your company might have inserted a clause in appointment letter, HR policy/service rules and regulations mentioned in appointment letter that in case of prolonged absence due to sickness employment can be terminated.

 


Attached File : 959739722 works committe is authority under id act.pdf, 959739722 trade unions in karnataka.doc, 959739722 karnataka shops and commercial establishment act.pdf downloaded: 121 times

Sudhir Kumar, Advocate (Advocate)     12 August 2014

agreed with Mr Kumar Doab


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