230443 19 May 2016

Please help

Respected Sir I was employed in govt PSU (Oil ) , i took unauthorised leave for 1.8 year and did not join office , i never replied to any letter from their side , as i was not able to recieve the letters , in march 2016 they have dismmied me after chargesheet and displinary action i was not given any confirmation letter and i was in probation \ Is this dismmal will render me ineligible/disqualified for future govt are central civil rules applicable on PSU , Please help and advive me on the matter

also in central civil rules + CDA rules of our company it is written

these will not amount to penality

) Termination of Service:

of an employee appointed on probation, during or at the end of the period of probation including any extension(s) thereof, in accordance with the terms of his appointment;
of an employee appointed in a temporary capacity otherwise than under a contract or agreement, on the expiration of the period for which he was appointed, or earlier in accordance with the terms of his appointment;
of an employee appointed under a contract or agreement, on expiry of the tenure of his contract or earlier in accordance with the terms of such contract or agreement; and
of an employee on retrenchment;
of an employee prematurely retired under Rule 39

does the "rule a" can be applied on me and be consider as not penality

please advice

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4 Replies

Kumar Doab (FIN) 19 May 2016

Repeated Query:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=137069&offset=2#.Vz18qzV97IU

Engage an able counsel specialzing in labor-service matters and shwo all docs on record for a considered opinion.

Amarishabhange 19 May 2016

respected sir,

I am working in a pharma company in Bharuch , Gujarat. I had joined it in jan. 2016 and currently i am in probation period.

I want to resign from my job but HR is saying that you must complete your two months notice period. There is no any carification about notice period in my offer and oppointment letter.

They are not accepting my resignation letter. i am ready to complete one month notice period and to one month salary as a penalty.

I had sent a mail to Manager, Plant head, HR and HR head about it but they are not responding to it... please help me.

kameswarao S (Head HR) 19 May 2016

In General the notice period is mentioned in all the appointment letters if not they may be having some service conditions / service rules which they might have shared with you at the time of your induction and might have obtained an acknowledgement from you pl check & as an employee leaving the job with in 5 months is also not a right process for you as you will be tagged as a frequent flier and difficult for you to get jobs in MNCs and good companies. Suggest to complete one more month and obtain a clearance and move out. In india most of the Pharma companies are having notice period of 2 months for junior level and 3 months for Manager and above hence the other company if you are joining may also accept for 2 months time. If not you quit with out any relieving letter which is not a professional approach

Kumar Doab (FIN) 19 May 2016

While initiating such queries the querist should post the basic information e.g;

You may post the exact extract from appointment letter on termination/resignation.

What is your designation and nature of duties in appointment letter and in actual practise? { You may further elaborate if you has any power to sanction (not just recommend) leave/increment/appoint/terminate/appraise etc? Could anyone change/cancell your recommmendations?

You were in which state ( Noted: Gujarat as posted by you)?

What is this establishment; Commercial/Industrial ( Noted: Pharma company as posted by you) ? The office/Div/Depty where you are located is covered by/registered under : Shops & Estbs Act or Factory Act?

Does it have Certified/Model standing orders and does it apply to your designation?

Are you a member of employees/trade unions ( Pharma Companies have it)?

What was your last drawn salary?

You were under probation/confirmed?

Have you been supplied with acknowledgment of notice of resignation/final resignation, FnF statement, salary slip of all months, including last month. Has the HR asked you to serve fulll notice period of 60days in writing?

Is it mentioned in your appointment letter/any rule & policy mentioned in appointment letter, that your manager has to approve/accept the notice/resignation?

If the company has an office at your current location; where you will join?

Has the company inserted in appointment letter the location of jurisdictional courts?

Why you want to separate? Do you have any evidence that employer is unworthy of being employed with?

Have you consulted an able counsel specialzing in labor-service matters so far and shown all docs on record and if yes what is the opinion of your counsel?