Narayanan (Doctor) 20 November 2011

Termination of employment

Dear sir,

I was offered a senior consultant post in a corporate hospital with a guarantee money for 12 months and then i have to shift for fee for services.Orally the administration , told that guarantee money will be extended for 6-12 months. I signed the offer letter and joined duty on 2.05.2010. The offer letter said that detail contract letter regarding leave , everything will be given but it was never given to me despite repeated oral representations. The offer letter said that on resignation , i have to give 3 months notice but was silent on their termination.

I was put on 24 hours call duty daily for 14 months without overtime, the administration denied my requests through emails for compensatory off or renumeration for working on all sundays and public holidays. They also did not give me guarantee money for June 2010 saying that no activities were there. I was paid guarantee money from the date of joining duty,i.e from May 2010 to May 2011 excluding june 2010.

In May 2010, I wrote an email to administration stating to spell out their intention frankly as whether they are going to continue my guarantee money for 6-12 months as promised at the time of recruitment orally as i was having few good job offers and to decide on my daughter's educatioanl career.

They told me to wait orally and gave guarantee money for June 2011 ( 13th month ) and suddenly brought an another doctor on 22nd july 2011 and issued me a fee for services letter with reterospective date 01.07.2011 and i refused to receive or sign that letter but they kept it in my personal file.

I was keeping on writing emails and asking them for guarantee money and working with fee for services which was one fifth of my guarantee money until oct 2011 . Suddenly ,they terminated my services on 31st october 2011 without valid reason and to take vengence for claiming my rights.. I was generating a remuneration of 16 lakhs out of the hospital's total revenue of 26 lakhs per month and my colleagues were generating only one twentieth of my revenues. The administration have not only given guarantee money for my colleagues for the thirteenth month but also extended it for six more months for them after my termination.

In my 18 months of service there is no memo or any written disciplinary proceedings were done against me by the administration.

Can I get 3 months notice salary, june 2010 salary,my overtime and leave salary apart from reinstatement if i sue them or write to them.

Thanks.

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2 Replies

Kumar Doab (FIN) 02 December 2011

You have posted:

-"Orally the administration, told that guarantee money will be extended for 6-12 months." Until you succeed in witnessing and proving Oral/verbal submissions, you may not get relief.

-"The offer letter said that on resignation, i have to give 3 months notice but was silent on their termination."

You can take the notice period for termination by company 3 months as well.

-"I was put on 24 hours call duty daily for 14 months without overtime," You have not been supplied appointment letter as posted by you. However you have erred by giving oral/verbal representations only. You should have demanded appointment letter, employee rule book, standing orders, in writing. Can you obtain employee rule book, standing orders with the help of some fellow colleague. These may be available at HR page of intranet of the company or a hard copy can be obtained from concerned personnel in HR.

You/your lawyer can demand it by notice or in appropriate forum of litigation.

-"the administration denied my requests through emails for compensatory off or remuneration for working on all Sundays and public holidays." You have a document with you in the shape of emails which can help you. Do you have your attendance record, and work hours clocked by you? You can demand it.

-"They also did not give me guarantee money for June 2010 saying that no activities were there. I was paid guarantee money from the date of joining duty,i.e from May 2010 to May 2011 excluding june 2010."

What activities are required to be eligible for being eligible for guarantee money?

-"I was generating a remuneration of 16 lakhs out of the hospital's total revenue of 26 lakhs per month and my colleagues were generating only one twentieth of my revenues. The administration have not only given guarantee money for my colleagues for the thirteenth month but also extended it for six more months for them after my termination."

"In my 18 months of service there is no memo or any written disciplinary proceedings were done against me by the administration."

This is in your favor.

-"Suddenly, they terminated my services on 31st October 2011 without valid reason and to take vengeance for claiming my rights." Natural justice was denied. You can contest the termination order. You may submit your request in writing by letter followed by email under acknowledgment to examine your personnel file.

You may lodge your claim for unpaid earned wages.

Kindly visit your service lawyer with all records and your lawyer shall advice you on merits of your case and suggest an appropriate forum for filing your case.

Valuable advice of learned experts/members is sought.

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 02 December 2011

I do agree with Doab except on the matter if reinstatement. As this is a corporate hospital, you can claim only for damages and not reinstatement. You are advised to file a civil suit in the given circumstances. After termination, you have lost your right to resign and for that purpose fo give 3 months advance notice. Now you are out of service so act accordingly.

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