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Jatin (Senior technical Support Executive)     23 June 2014

Termination error initiated due to unmarked attendance

Hello Sir & Mam, 

Good Afternoon

In extreme pain and agony I Jatin ( Employee of one of the leading BPOs  ) writing an email to you about the sudden termination error which was automatically initiated due to unmarked attendance issue. Sir/Mam to inform you more about it :
 
I had met with a Major accident with several injuries on face, on leg and major hit on the head in March end. I got 8 stiches on head and was told to be on complete bed rest. I further joined office in mid April after a break and had been consistent to work for more than a month . Due to some increased pain in head  ( as I have to take Inbound calls on daily basis )and as being told by doctor to take some rest from work so I had to be on leave for 5 days from 31st May till 5th of June 2014 which includes my week-offs on Monday & Tuesday and later came to know that My manager  also went on leave on 1st June 2014. 
When I had a conversation with my Manager on phone I conveyed him the reason for the leave and was told to join office at the earliest to avoid any effect on company's business. I Joined back on 6th June 2014. 

On 6th June i mistakenly locked out my PSHR Password  ( where we have to mark attendance )and so was unable to mark attendance on 6th, 7th & 8th June . I forgot to inform my senior managers about it and so was unable to mark attandance on these days.) 
On 8th June in conversation with my manager asking about the attendance status i informed him that i forgot to mark the attendance . He told me not to worry as he will take care of it asap. 

" On 9th & 10th June 2014  was my Week Off again and joined back on 11th June 2014 and been logged in  continuously  3 days  on 11th , 12th and 13th June 2014 ( Wednesday, Thursday and Friday)  , and  on friday i was informed by my Senior Manager in the afternoon on 13th June, Friday about the issue. "
 
I havn't got  any information about any termination Message till 13th June 2014 WHEN my Senior Manager who informd me about my Termination email he received  by Human Resource.  
 
Sir, Being astound by the sudden termination without any prior intimation dazed me out. But I have a full belief and faith in on Our well grounded Management that the issue will be resolved when senior manager consoled me. I thought It was an attendance issue error which will get resolved. 
 
It was Friday, 13th June 2014 when informed by Senior Manager during mid day I was told to sit outside and wait so that they can check with Human Resource. The day went off and was being told by Senior Manager to come again on Saturday 14th June 2014, I went to office again on Saturday and waited whole day  with no joy. I came on Sunday 15th June 2014 as well and I checked with another Manager incharge , He further checked withour senior manager  and informed me to come on Monday again. As educated and adviced by the Manager I came again on Monday,16th June 2014. I called up that another Manager incharge again to get the Termination status but was told that the Senior Manager is on leave and will join office on Wednesday.

In all these days from 13th June 2014 I was trying My Manager's phone number and send numerous messages informing him about the "Termination Error Issue " but with no joy  it was switched off and so was not contactable. }
 
Finally next day on Tuesday I received a call from my manager  who came from his leaves and in lieu of the conversation and as advised was told to come again on Tuesday. I went to office again on Tuesday "17th June 2014 and waited all day for any positive resolution. But late in afternoon My Manager told me to go back home and informed me that  THE SENIOR MANAGER will be on leave till Thursday.  
 
But When further checked he informed me not to worry He will further request OUR OPERATIONS HEAD to raise a JRF (Job Request Form) as told by another manager on floor and further educated me about JRF issuance.  So I have to wait till Thurday  18th June2014 and when checked with my Manager again he told me not to worry he is waiting to talk to you at the right time. 

{ I kept sending request messages to my manager to talk to OPERATIONS HEAD and request him to issue JRF as it can save my career and my beautiful 2.5+ years spent with the company in which I was promoted to Sr. Tech Support last year on good stacks ratings. }
 
When further checked the status with my manager on Friday, 20th June 2014. My Manager told me he is still waiting for the right time to talk to OPERATIONS HEAD about the issue and told me that there is Fathers Day celebrations going on in office and OPERATIONS HEAD is busy. So he told me that he will check with him at the earliest before shift will end but he missed it again.
 
{ "Now to my much pain and agony I am written this email on 21st June 2014 to OPERATIONS HEAD AND HR HEAD as my manager  has stop responding to my numerous calls and messages being sent to him from yesterday." }
 
 

 I requested him to take my plea into consideration and look into the attendance issue and please issue a JRF at the earliest as this job and experience in the company is valuable and priceless for me and for my career & future endeavors. 



Below are few important points I want to mentioned in email as well apart from above email :

* I was on leave from 31st May till 5th June which includes my weekoffs on  2nd & 3rd June 2014.
* My manager (is on Leave from 1st June till 16th June as informed )
* The first written letter I received  for the Termination is on 14th June 2014, Saturday  when i came to office to check about       the termination status as stated above  ( when I received a call from my Dad about the receiving of the letter from company.)
 
TERMINATION LETTER states that I am on OFF from work for 12 days  (* from 1st to 12th June 2014)   ::  I  joined Office and worked ( Logged in ) on 6th, 7th, 8th, 11th, 12th, 13th June as well .
-  (1st - 5th June 2014 I was on  leaves which includes my week offs on 2nd & 3rd June ) ( 9th -10th is my weekoff as well )

 
 
Please guide me /advice me what i can do so that i can get my job back or to an extent if i looses my job but i don't want to loose my experience letters and relieving letters for these years i worked. I know i have a talent and I can gain better opportunities in life but these 3 years gap will effect my career a lot and my future endavours.
Thanks & Regards,
Jatin


Learning

 3 Replies

Kumar Doab (FIN)     23 June 2014

 

 

>>> You shall agree that you are facing problems now because your own approach was not proper.

 

Employee should submit the minutes of meeting even if from personal email id………………………..preferably by letter thru redg. post.

 

You may add date, time, phone numbers of each SMS, phone call made by you including unanswered one, and you visited office inn person…………………………………and that you kept your officer/supervisor informed……………………………………and demand to call back the termination order issued on false grounds and charge.

 

Your manager did not update the attendance status of ‘Reportee’ i.e. you and hence the issue………………….

 

 

Don’t take any onus on you.

It shall be proper that if your minutes are drafted by your Labor consultant/service lawyer.

 

 

>>> The Redg. office of the company is in which state?

 

 

You were located in which state in this company?            

 

Does the company have an office in state or city where you are currently located?

 

Has the company stated jurisdictional courts in appointment letter in case of dispute and the location of courts is same where you are located or some other location?

 

 

 

How many employees are employed in it?           

 

What was your designation and nature of duties?  

 

Was your service confirmed in writing?        

 

 

 

This info shall help you, hence post it.

Jatin (Senior technical Support Executive)     23 June 2014

Thanks so much for your quick response, Really appriciated .

Iam working with( A BPO company) in Gurgaon office,  India as a Sr. technical support executive . Yes my service is confirmed in writing.  

Yes co. as a office in delhi and the registered office is in Bangalore

Yes I have date and time of few calls & sms made to managers as well in my cellphone.

 

Please guide me to whom/which department  i should inform/contact/approach in the company before making it a legal matter.  I dont have enough email ids of top management as well with me. 

The company is good and a reputed brand but because of some people at work my job is at stake. Waiting for your reply. :)

Thanks & Regards

Jatin

Kumar Doab (FIN)     23 June 2014

You should ASAP approach a competent and experienced labor Consultant/Service Lawyer with whatsoever record you have and give inputs in person and let your lawyer now draft all representations.

 

At Delhi you can find lawyers par excellence.

 

Since company has an office at Delhi hence you may succeed to agitate at Delhi.

You can agitate at your last Location: Gurgaon, haryana.

 

BPO’s are covered by Shops and Commercial Establishments Act

 

And Haryana follows Punjab Shops and Commercial Establishments Act and since company has >50employees Standing orders shall be applicable.

 

If standing orders are not certified Model Standing Orders shall apply. You may go thru Sec13-18, especially Sec14…………….on misconduct.

 

You may go thru:

 

Punjab Shops and Commercial Establishments Act :Sec 2(iv,vi,vii,xiii,xiv,xvi,xvii), 7,8,10,11,12,13,14,19,20,21,22,26,27,32……………

 

Punjab Shops and Commercial Establishments Rules;2,5,7,10,22, FormB,C,D,F………..

 

 

If the company has sent the payment of FnF along with termination order or in Bank a/c do not forget to decline to accept it in writing and  that it is received under protest and is not correct too………………………

 

Employee's unions ,trade unions can also help you.

 

You may also go thru thread and other threads mentioned in it:

https://www.lawyersclubindia.com/forum/Notice-period-104062.asp#.U6g-j5SSwb8

 

 

 


Attached File : 958826919 challenges for organising bpo workers in india.doc, 958826919 haryana the punjab shops and commercial establishments act and rules.pdf, 958826919 model standing orders industrial employment standing orders rules.pdf downloaded: 131 times

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