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Cheating employer

Querist : Anonymous (Querist) 01 September 2023 This query is : Resolved 
I am worked as a software developer, I have a health issue I was take for one week and send the letter to Hr department they are call back and said that "once your health cure you can join and can take one month leave" my health cured after 20 days I call back ask for joining they are said to me your are terminated and consider as abscond because you are not said to me and not taking permission with us
They are taking final settlement last month salary compansated and they are giving even reliving certificate and payslips after that it will difficult get the job with out experience certificate
Quick Summary
A software developer was terminated and labelled an absconder after taking medical leave, despite an initial agreement for a longer period. The employer provided a relieving certificate and payslips, but the termination without a formal written permission for the extended leave has made it difficult to find new employment. The advice suggests seeking a formal relieving letter and considering legal action through the Labour Court or a writ petition if the termination is deemed unfair.

kavksatyanarayana (Expert) 01 September 2023
Ask them to issue a relieving letter. File a case in the Labour Court concerned.
T. Kalaiselvan, Advocate (Expert) 02 September 2023
If you have not obtained permission in writing for leave then it is natural that the employer will treat as an absconder or deserter, hence he might have terminated your employment as per rules of the company.
If you are aggrieved by this decision you can file a writ petition before high court seeking direction to the employer to reinstate you with back wages.


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