Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sheetal Kumari   29 October 2018

Termination on excess leave basis

Sirs/Madams,

I have got married on October 15, 2018 for which I have been given leaves for 20 days, i.e. from October 3, 2018 to October 22, 2018. But due to some personal reasons I was not been able to join the office on October 1, 2018 and from October 23 to October 26. But I had sent the unpaid leave applications for the same. However, without any warning/discussion or notice I have been terminated by my employer on Friday, October 26. My official mail id has been disabled first, after that at 3:45 PM I got a mail on my personal mail ID that I have been terminated because of excess leaves which are actually 5 days only that I have informed them about. Kindly give me suggestions what should I do in such case.
Below is the copy of the mail I received.

"Dear Sheetal,

This email confirms that your employment with our company is being terminated effective immediately due to taking excess leaves than approved.

We sincerely regret this action, and can assure you that we have only done so after considering all alternatives.

We thank you for your valued contributions thus far to  Ojas Softech and wish you well for your future endeavors

Jyoti Gupta

Sr.HR Executive

Ojas Softech Pvt. Ltd.
A-139,Sector 63,Noida
8506944527
Email Id: jyoti@ojassoft.com"


Learning

 2 Replies

Sheetal Kumari   30 October 2018

Please suggest me some solution on this... it will be really helpful

anubhav Bhatt   30 October 2018

Termination of employment due to misconduct, breach of the employment
agreement including violation of restrictive covenants therein, is often escalated and settled
through resort to courts. The employer might avail the Audi Alter Partem14 i.e., Right to be
heard that is the basic principle of natural justice. Decision to terminate employment should
be taken depending on the gravity of the misconduct on the part of the employee. The
employee might be given a show cause notice on why the termination should not be done.
The procedure to be followed for termination due to ‘misconduct’ would involve framing of
charges and issuance of a charge sheet, conducting an internal (domestic) enquiry by an
unbiased inquiry officer, followed by issuance of a show cause notice. The process needs to
be followed as per the principles of natural justice and the employee should be given an
opportunity to submit his defence and call upon witnesses.

Dear client you should challenge that termination order before court where you may get justice for more clarity you may contact us.

Regards
Advocate Anurag Bhatt
Allahabad High Court
Mobile 9198889990

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register