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Amrita (Assistant Manager - I)     19 September 2011

Advice : voluntary abandonment of service

I am an employee of a private Bank(a very big name in market). I had availed maternity leave during my probabtion period.On completion of maternity leave, I communicated HR that I required extension of Maternity Leave for unavoidable circumstances

I was thereby, informed that leaves may not be extended.I had, further responded to the same e-mail  seeking my other options as employee per Bank's policy.


Same was asked from
my Branch Manager through a registered post dated 10 Dec 2010.


However, all my questions and communication was left open for 10 months, both by my branch as well as by Human Resource Department and no further communication was made on repercussions or consequences.


To My surprise, when I requested to resume my services on Sept 15 2011, I was told that my services have been terminated as per "Voluntary abandonment of Services" and no further communication/discussion will be entertained.

I want to seek advice in terms of :

My rights

Suitable labour law and clause

Legal Options

Legal Route

ANy response will be highly appreciated.



Learning

 8 Replies

Kanaksinh P.Boda (Educationist/Lawyer)     19 September 2011

When did you started on ML ? When your ML experied ? When did you requested extension of leave ? What specific reason ? How much extension was requested ? How much is the gap btween expiry of ML and your date of reporting on duty ? There are many gaps in your question which need attention. Did you submit an application while joining ? Is there a written order informing you that you can not join?

 Further,  it is your  plainness, othewise it is a known fact thatno office will generally help go on leave so you expecting your Boss to help you officially giving you such information is impossible. As an emplyoee, it is always better to study these rules yourself and demand your right with specifications of rules.

 In government an employees is declared as 'deserter' if he does not report on duty for a period of three years, but there is a procedure laid dawn in this behalf.

In your case for banking sector, there may be a different set of rules. You may call a copy under RTI and refer to it.

Further, you can file a case against bank for reinstatement. 

Kumar Doab (FIN)     19 September 2011

Learned Mr. Boda has given valuable advice. Kindly follow it.

In leave application specific reason should be written, i.e. leave should be applied under specific head, e.g. maternity leave. Unavoidable circumstances are not a specific reason, under specific head.

The language of the email needs to be studied e.g. whether the leave was specifically declined or it was a mere suggestion that you may not extend the leave.

To whom you had submitted leave application? The personnel of the bank who declined the sanction of leave is a competent authority or not?

You could have asked for leave rules rather than asking for other options.

Did the bank supply you any notice, reminder, termination order?

10 months is a long gap on your part too. Bank has closed the chapter.

You can approach your service lawyer with all records and your lawyer shall check the merit and help you to chose the appropriate forum.

 

Amrita (Assistant Manager - I)     20 September 2011

Thankls all for sharing valuable inputs. I had tried to summarise the entire episode here. However I am confident of every lill' minute details as follows :

My maternity leave expired on 27 Oct and I had initiated the process of communication on Nov 5. A telegram was sent to me by Branch and it was repsonded by a registered post on 10 Dec.
Also I had clearly mentioned that my daughter had multiple Hemangioma's( a condition where mother's presence is indispensible)
All my questions and communication was left open for 10 months, both by my branch as well as by Human Resource Department and no further communication was made on repercussions or consequences.
To My surprise, when I requested to resume my services on Sept 15 2011, I was told that my services have been terminated as per "Voluntary abandonment of Services" and no further communication/discussion will be entertained.


With above mentioned circumstances what are the options? What does labour laws say? has there be any such petition in past? what has been the ruling?

Thanks once again for great support.


Kumar Doab (FIN)     20 September 2011

It shall be appropriate to meet competent  service lawyer with all records, and documents,and your lawyer shall help you to understand the merits and your lawyer shall chose the precedence and judgments to be cited.

Law Aspire (Legal)     01 December 2017

A Person  who is an Employee in an MNC in India having 3 Months Notice  fell severly Ill during probation period and didn’t recover for 2 months and give immediate resignation on that basis, In that case will he be required to make payment of Notice pay period?


(Guest)

Seems to be an academic query, as the descripttttion of your story has several holes, the main of which are that you have not discussed anything about the event of domestic inquiry, findings on the I.O., order of the disciplinary authority and also the order of termination/dismissal.

By the way, even if someone tells you, what will you do with Suitable labour law and clause. Your lawyer would take due care of the labour law clause, if the case is found fit for filing in the court of law.



 

Kumar Doab (FIN)     01 December 2017

Notice period of 2 months may not be neccessarily applicable. 

Kumar Doab (FIN)     01 December 2017

 

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 


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