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lpradhan   27 March 2015

Service terminated without notice by employer

Dear Sir/Madam,
My job was terminated by my Employer last year without any prior notice to me. I asked for an explanation from HR soon after I came to know of this but every time I was told to approach various people in the company. Now it seems the company has no explanation to offer beyond saying the matter will be taken care of by them. I am now feeling helpless and don't know how to tackle this crisis to save my career. 

Could you tell me how to deal with this situation. Can I take any legal action against my employer to act on this issue and provide me relief.

Regards,
pradhan

 

My designation was "Lead Engineer" . Let me give you the background of this issue.
I was deployed at onsite last year. Then the client requested me to visit offshore and set up a team in Bangalore. For this assignment client agreed to pay me on US payroll as long as I would be deputed at offshore. So on this assignment I came to Bangalore and set up and trained a team of 6 people. Very unfortunately before I could return to US I was diagnosed with a major ailment which required me to later undergo a surgery. Due to this setback I spoke to management to consider deploying me at offshore and expressed my unwillingness to return to US. After this development I was expected to be released from onsite and transferred to offshore . But it didn't happen so I emailed HR and requested to get it done but HR asked me clarifications on many things and I had to contact onsite HR team to guide the offshore HR to get the transfer completed. Unfortunately this coordination never happened and I was stuck in limbo for about 4 months. In the mean time my salary was blocked and i could not report to any work location because the transfer never happened . Then I had to undergo a back surgery which prevented me from actively pursuing this issue with the company. During this time when I was recuperating my wife contacted many many time to both offshore and onsite HR team to take care of this issue but they did not take any action beyond a casual acknowledgement to her that they would take care.



Learning

 12 Replies

Devaraj Krishna (Legal Practitioner)     03 April 2015

Dear Pradhan,

Its a labour related issue, If you comes under the defination of industrial disputes act, you have to file a petition before the labour court for your dismissal and if u doesnt come under the defination of the industrial disputes act you have to proceed further with civil or criminal remedy. If it is possible to you, you can contact us:

Corporate Cognition India,

Devaraj K, Advocate,

MO:9964562560, # 23/3,

HareKrishna Road (Parallel to Cresent Road)

High Grounds, Bangalore - 560001

Kumar Doab (FIN)     05 April 2015

Which company issued appointment letter to you: Indian or US?

All along you were employee of which company: Indian or US?

Did you continue to send leave application under proper acknowledgment?

Has the employer issued any declintaure to approve leave, or any notice on absenting/absconding or order of termination?

 

Do you have any evidence/acknowledgment of having kept the employer informed of your sickness thru you or your wife?

Instead of using words like Onsite/Offshore use words like who was your employer and to whom you were seconded? 

lpradhan   06 April 2015

Dear Kumar 

I am permanent employee of Indian company(HCL Technologies).

Appointment letter is issued by same company.

As I have mentioned I was working abroad for the same company and had applied for a transfer to India.

This transfer was blocked and never happened till my termination despite all efforts from my side.

Since I was physically located in India while my work location continued to be abroad I had no option but stay on forced leave during the whole period in which the transfer was pending.

Duly I applied for leaves without pay through the official portal and were auto-approved . I fell badly ill post the termination and for period of time could not pursue this matter with the company.So I didn't need to stay on leave while I was in the company but forced to fill in time by way of leaves without pay.

Company has not sent any notice or communication in any form before taking this step when I was very much part of the official network.

I was continually in touch with the HR and technical team to effect the transfer and totally caught unawares when the termination happened so suddenly . 

Because this was a internal official matter I communicated on internal email service therefore was not able to access the emails after the termination but if it must be there in the company archives.

Post termination I have been trying to reach out and get an explanation(with email backup proof) but I am being ignored by company HR under various pretexts which has forced me to seek legal remedy.

Thanks a lot

Kumar Doab (FIN)     06 April 2015

HOPE YOU WILL TAKE THIS POST POSITIVELY!

 The studied silence of bosses is not a new or unknown thing to lawful authorities and Law and courts.

 

 

Once again the question arises: “Why Employees continue to suffer with such tantrums/transgressions by employers and their CRONIES/ATTRONIES in Line/HR Managers????

Because Employee’s find it shameful to unite, form unions/Grievance Redressal committee/Works Committee, affiliate with trade unions, retain access to an able Labor Law Consultant/service Matters lawyer/Law firm!!!!!!

Majority of the employee are ill informed and ill informed employee is susceptible to exploitation.

 

 

 

Your able Labor Law Consultant/Service Matters Lawyer/Law Firm may like to go thru the language of job advertisement, job application,interview call letter,offer letter etc, break up of the salary mentioned in appointment letter,last salary slip, HR policy/Service Rules and Regulations/Leave policy/Transfer Policy, all communications,leave applications,auto approval of leaves, letter of Transfer from US to Bangalore, etc….verbatim………………and even your communications by email……………. For building favorable written record use at appropriate time in appropriate forum.

 

 

 

 

 

 

 

 

You may reply pointwise to each point:

1.     What is your DOJ of M/s HCL (In India) and did HCL India issued appointment letter? How you were sent to US : by letter of transfer/deputation/secondment? During US whose  service Rules were to apply to you: HCL India or HCL-US or Client where you were posted? Do you have copy of such service rules? Who sent you to Banagalore;HCL India/HCL-US/Client and what was issued to you: letter of Transfer/Deputation/secondment and by whom?  Whose whose  service Rules were to apply to you: HCL India or HCL-US or Client, while you were at Bangalore?

 

You were reporting to whom while at Bangalore: HCL-India,HCL-US, Client? Who were to approve your sick leave, while in Bangalore?

 

To whom you applied for transfer? Was it acknowledged in writing? Was the transfer declined in writing?

 

You may claim that you sent leave application (for blank period) by post and attach copies, since your access was blocked::::::::Can it be done by you……..till the date of termination?

 

To whom you have addressed all communications/emails and do you have copies, bills/details of phone calls/mintues of discussion? This detail might be required to maintain continuity and plug loopholes!

If you are unable to draft your communications and handle the matter on your own seek help of elders in the family, Union leaders, labor Law consultant/ service matters lawyer. Narrate all representations made so far and address to good offices of appointing authority,MD,Chairman.

 

 

2.    Are you a member of Employee’s/Trade Unions

Does your company have any GRC (grievance redressal committee) and ‘Works committee’?

 

2.     Your designation was “Lead engineer’ as posted by you? What was your nature of duties? How many people were reporting to you? Did you have any power to employ,terminate,sanction leave (or recommend ……but clarify) ,grant increment etc?


4. What is your salary: Basic,DA.

5. Was salary slip of each month, PF number and a/c slip of each year, ESIC card,Form16 issued to you, including leave period, even if you were on LWP?


 

 

6.  Your reporting office was located  in which state/place /country while you were at Bangalore?

 

Was your office at Bangalore registered under Karnataka Shops and Commercial establishments Act?

If yes in name of which company it is registered;HCL India/HCL-US?Client?

 

 Regd. Office of the company (your employer) is located in which state?

How many people are employed in the company?


Does the company have its CSO (certified Standing Orders) and does it cover your designation or do Model Standing orders apply to it?

 

 

The company is registered as: Commercial or Industrial establishment?

 

 

7. What is the charge leveled in termination order:::::e.g. abscondment/abstaining/absenting/prolonged leave/absence due to prolonged leave?

8.Did you send copies of complete medical record and medical certificate to approving authority and do you have the originals?

 

Give sequence of events date wise from date of appointment to date of termination. 

You may reply pointwise to each point!

 

It may be possible to revert to your query.

lpradhan   06 April 2015

Kumar here are my answers below. Some company related info I am not aware of at this point of time has been omitted.

What is your DOJ of M/s HCL 

I joined in Aprl 2005 .

did HCL India issued appointment letter?

Ans : Yes

How you were sent to US ?

Ans : Transfer

During US whose  service Rules were to apply to you ?

Ans :HCL US.

Who sent you to Banagalore ?

Ans :HCL US.

what was issued to you?

Ans : Letter of Deputation

Whose whose  service Rules were to apply to you?

Ans : Not sure howevr my last pay was issued by HCL America . I was never contacted before the termination so do not know who initiated it.

Does your company have any GRC ?

Ans : Yes

Did you have any power to employ,terminate,sanction leave (or recommend ……but clarify) ,grant increment etc?

Ans : No

Was salary slip of each month, PF number and a/c slip of each year, ESIC card,Form16 issued to you, including leave period, even if you were on LWP?

Ans : No . I stopped receiving after I applied for Transfer to India?

Was your office at Bangalore registered under Karnataka Shops and Commercial establishments Act?

Ans : No Idea.I need to find out.

What is the charge leveled in termination order?

Ans : NO termination order was ever issued by the Employer.

Did you send copies of complete medical record and medical certificate to approving authority and do you have the originals?

Ans : I have the copies of my Medical Record but as i have mentioned earlier I was not ill before the Termination so didn't need to submit any.

 

Kumar Doab (FIN)     07 April 2015

You have posted :

---In your first post that “My job was terminated by my Employer last year without any prior notice to me. 

---In your last post that “Ans : NO termination order was ever issued by the Employer.”

 

Both the post are conflicting.

 

Then you how do your presume that you were terminated.

 

You are complicating the matter with your posts.

 

It is suggested that you may first gather facts and then go for paid consultation and spend quality time with an able lawyer.

 

Labor Law/Service matters is altogether different field hence you may prefer counsel of an able Labor Law Consultant/Service matters lawyer /law firm dealing in such cases.

lpradhan   07 April 2015

Kumar sorry about the confusion.

I meant to state the same thing in both sentences . In the latter I mean my employment was terminated but without any termination notice. No termination order ever issued means I got terminated without any notice by the employer.

Kumar Doab (FIN)     07 April 2015

It is reiterated that you should prefer in person consultation with an able Labor Law Consultant/Service Matters Lawyer/law firm dealing in Labor/Service Matters……..before you write or represent to anyone now!

Did you ever represent to GRC?

However if you wish you may post your response to following:

 

Your salary was blocked from the same date of termination of employment or earlier:::: if earlier how much? If your salary was blocked then did you ask in writing: why it is blocked and what is status of your employment/deputation:::::and did you get any answer on record?

You had applied for transfer:::;When and To whom:: HCL-US or HCL-India?

Was the transfer denied in writing: If yes by whom:: HCL-US or HCL-India?

Who had the authority to transfer you:::: HCL-US or HCL-India?

Was it ever conveyed on record/writing by HCL-US that HCL-India only can transfer since it had issued the appointment letter and service conditions?

Was it conveyed in writing that while on deputation to HCL-US the service conditions (rules) of HCL-US, shall apply to you? What was clearly mentioned service  conditions or service Rules?

Did you express inability/helplessness to go back to US or did you decline to go back?

 

If you had declined to go back  to US then did you decline in writing:::: if yes ::on what grounds:::::sickness:::::::you need to give a clear answer on it?

Was it ever conveyed to you that if you do not come back to US then it may amount to absenting/abstaining/absconding::::::vacating the lien on employment etc ::::and it would be misconduct::::and you may be terminated?

If you were not getting any clarification in writing then did you ever convey in writing that you are not getting any clear answer to your request and what are the next orders for you?

 

You have posted two episodes of incapacitating sickness, disabling you to go back to US: One major ailment before you could go back to US and another after your salary was blocked? Is it correct? Did the doctor advise bed rest till the date of blocking of your salary or date of your termination? If bed rest was advised till date of termination;; then why did you post that you were not ill before termination hence you did not send any medical record?

How did your wife contact HR of HCL-India and US ::::verbally by phone/in person/in writing? Do you have evidence of contact and response of HR?

 

Did anyone convey to You that :::::::If transfer was denied to you in response to your request of transfer and you were to report back to HCL-US, then if you did not report back at US then company might have treated it as a reason and terminated without issuing any more notice………………..

 

 

 

lpradhan   08 April 2015

Kumar there is a gap of about 5 months between when I was due to return to US and my termination. My answer was to your query why I didn't not submit medical reports  of my illness. My condition had improved after i was released from the project and I could have reported to work if the transfer had been completed.

I understand your questions regarding particular facts. All these can be presented to make a case for termination by the employer. I have no issues with that but I have suffered because of the fact that I was terminated without notice . Therefore I could not even take any backup of my professional records. 

Moreover I was never issued my experience and EPF documents so I was not sure whether I was fully released. 

So I would like know if there could be any policy and legal justification on the part of the Employer to remove me from services without my knowledge ?

Kumar Doab (FIN)     12 April 2015

The opportunity of natural justice should be provided.

If EPF was to be provided then it implies you were employee of Indian Entity.

The Indian Entity has to supply PF a/c slips of each year (sent by EPFO to employer for employees).

The action for withdrawal/transfer is to be initiated by employee by submitting PF forms (under proper acknowledgment).If employer has declined to attest the PF forms/ has not submitted PF form within 5 days of receipt/has not supplied the acknowledgment issued by PF office then you can lodge complaint thru RPFC in nearest PF office...................

lpradhan   16 April 2015

Kumar the employer has not provided any PF form . Normally the EPFO details are formally provided to the employee at the time of release. Therefore I don't any info about which PF office or trust I need to claim it from. 

How can claim the PF from employer so far they have not responded to my repeated requests to do so?

Kumar Doab (FIN)     16 April 2015

The PF deduction has to be shown in salary slip.

The PF number and a/c slips can be demanded from appointing authority,Head-HR,MD,Chairman and complaint can be lodged thru RPFC in nearest PF office, preferably in writing by letter under proper acknowledgment and in person and may be pursued thru RTI.

 

 

You seem to have many issues and are not disclosing full information.

 

 

You may seek the counsel of an able labor Law Consultant/service matters lawyer, Employee's/Trade unions leaders............and spend quality time with them. 


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