Sathya Narayanan (caller) 23 April 2015

Termination without pay

Hi all,

I have been working in a BPO company for 7 months in night shift, i took one day leave this month 13-April-2015 and i didn't inform my team leader directly but i told my colleague to inform my TL that i'm not well. so last week they gave me a warning letter stating that i'm always taking uninformed leave but that this not true. But they forced to sign the warning letter so signed it. I was called in for a meeting with my manager yesterday (22-April-2015) and he told me i'm taking leave unnecessarily and your coming late to office for past five days, so we are taking disciplinary action on you and fired me. I asked the HR about my salary for( April month) he said who have violated company policy so you wont get this month salary but i have worked for 23 days this month.
Is it legal?? I worked for 23days? no salary? Feel like being a Slave!
As per the appointment letter it states that 3 days of continues uninformed will led to disciplinary action or termination.
And i do have medical certificate that i'm not well.
is there anything i can do to get my salary??

Please help me out!

Thank you,

Sathya Narayanan

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4 Replies

saravanan s (legal advisor) 23 April 2015

send them a notice explaining the facts and demand them to pay this months salary due to you within fifteen days failing which you will be taking legal action on them.you can then place a complaint in the labour court

dr g balakrishnan (advocate/counsel supreme court) 23 April 2015

YOU HAVE A FUNDAMENTAL RIGHT UNDER ART 14 OF THE CONSTITUTION OF INDIA.

YOUR APPOINTMENT ORDER DOES NOT SAY IF YOU ARE ABSENT...FOR MORE THAN 3 DAYS THEY COULD TERMINATION, BUT NO WHERE THERE IS A CONDITION THAT THEY WOULD WITHHOLD YOUR SALARY FOR THE PERIODS YOU WORKED.

SO YOU CAN MOVE A LABOR COMMISSIONER FOR HIS INTERVENTION IN THE MATTER IS FAILED THEN MOVE LABOR COURT, AND YOU WOULD GET RELIEF!

piyush (HR Executive) 28 April 2015

without ant delay you should take action fast and go to labour court...

Kumar Doab (FIN) 29 April 2015

There are lapses at your end too. Employee should always submit information on wrutten record and under proper acknowledgment e.g. email. Can't you afford to send an email or even SMS for feeling undisposed or sick? The sick or any other leave can be submitted later on prescribed format/ form and a copy can be kept. BPO are covered by Shops and Estb Act and standing orders are applicable. No private policy/rule of the company can supersede or overrule an enactment/statue/ law of the land AND IN OTHER WORDS AN ACT/STATUE;INSTRUMENT OF LAW WILL PREVAIL UPON ANY PRIVATE RULE POLICY DRAFTED BY EMPLOYET ANS SIGNED WITH EMPLOYEE .... The employee shall loose lien on employment in case if uninformed absence after 8 days. If the manager alters/changes the attendance record even by a minute it would amount to falsification of record and is an offence..... The earned wages are to be paid on usual pay say or employer can be penalized by say Rs.7500/instance Don't remain entangled with manager and approach good offices of appointing authority, MD, EMPLOYEE'S/ TRADE UNIONS,YOUR LABOR LAW CONSULTANT AND THEREAFTER. . ..Inspector under Payment if Wages Act/Shops and Estab Act......etc...