Aggrieved Employee (Sr. Manager) 10 August 2014
Kumar Doab (FIN) 10 August 2014
You have clarified that you were on approved medical leave and reported to office and offered to handover the company assets that were not collected from you.
Your lawyer may opine that Termination during sickness may be a bad order.
Every employee is entitled to 'Service certificate' and FnF settlement.
If even good offices are not responding to your representations by email then you should preferably meet a Labor Consultant/Service Lawyer with all record in person and submit final notice (that you can also send) and let your lawyer structure and draft it.
If good offices also do not provide any relief then you shall need to approach lawful authority, court of law.
Although you have posted your designation as a Senior Manager you may still be covered as’ Employee’ as in Karnataka Shops and Commercial Establishments Act and approach Inspector under this Act , workman as in ID Act and approach o/o Labor Commissioner, since designation alone does not decide that employee shall be covered or not.
If your lawyer opines you shall not be covered then you can approach civil court.
Your lawyer may also opine that you can agitate in courts at Bangalore i.e your last location, Mumbai where company has its HO, or location of Redg. office of the company, or location of jurisdictional courts as stated in appointment letter, or even your last location where Termination order was served upon you.
If company has its Certified standing Orders and your designation was covered you may go thru these, if company submitted Draft Standing Orders you may go thru these and if Model Standing orders were applicable you may go thru these……………
Model Standing Orders:
9. Leave: (2) A workman who desires to obtain leave of absence shall apply to the [1][employer or any other officer of the industrial establishment specified in this behalf by the employer], who shall issue orders on the application within a week of its submission or two days prior to the commencement of the leave applied for, whichever is earlier, provided that if the leave applied for is to commence on the date of the application or within three days thereof, the order shall be given on the same day. If the leave asked for is granted a leave pass shall be issued to the worker. If the leave is refused or postponed, the fact of such refusal or post postponement and the reasons there for shall be recorded in writing in a register to be maintained for the purpose, and if the worker so desires, a copy of the entry in the register shall be supplied to him. If the workman after proceeding on leave desires an extension thereof he shall apply to the 12[employer or the officer specified in this behalf by the employer] who shall send a written reply either granting or refusing extension of leave to the workman if his address is available and if such reply is likely to reach him before the expiry of the leave originally granted to him.
13. Termination of employment
14. Disciplinary action for misconduct
16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.
17. Liability of 17[employer]
18. Exhibition of standing orders
Aggrieved Employee (Sr. Manager) 11 August 2014
Thanks Kumar Doab for the timely reply. Could you please send me a personal message with your contact information? I am hoping for some clarification regarding applicability of the model standing orders (as KA govt has given excemption to IT companies from the standing orders).
Kumar Doab (FIN) 11 August 2014
>>> You should approach a local Labor Consultant/Service lawyer/law firm.
At Bangalore you can access lawyer’s par excellence.
>>> It is believed that the exemption that was granted for 1 year was pulled on for 11 years then thanks to the efforts of IT/ITeS employees unions, the blanket exemption was ended.
Trade Unions are willing to embrace the employees from IT/ITeS/BPO/KPO companies.
https://ithiworld.wikispaces.com/News+Update
IT/BPO Voice of India | Facebook
UNITES Professionals
www.itpfindia.org/
https://itnitesunion.wordpress.com/author/itnitesunion/
Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)
|
https://www.amrc.org.hk/node/1088 CBPOP
https://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html
https://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx
Shiv Sena forms first union in information technology sector
INTUC,CITU, AITUC,BMS……………….
>>>All such companies are covered by (Name of the state) Shops and Commercial establishments Act.
You may go thru: Karnataka Shops and Commercial establishments Act; Sec: 2(g,k,l,w,),6A,
ChapterIV:
14:
15………………….every employee shall be entitled………………….and shall be allowed…………..(10,11,12)………..
18,21,22,26,27,29,34,35,
39: {Sickness is not misconduct…………}
40
And
Karnataka Shops and Commercial establishments Rules………..
>>> The employee's can form unions, IC's, 'Works Committee's".
Are you aware that 'Works Committee' is an authority under ID Act.
>>> Even otherwise IT Company is expected to have a clear ‘Leave’/Exit policy in line with enactments applicable to it, framed in consultation with employee’s/unions .
It can offer superior benefits but not inferior.
>>>If you are not covered as ‘Employee’, ‘Workman’ then you may approach Civil Court.
>>> Your company might have inserted a clause in appointment letter, HR policy/service rules and regulations mentioned in appointment letter that in case of prolonged absence due to sickness employment can be terminated.
Sudhir Kumar, Advocate (Advocate) 12 August 2014
agreed with Mr Kumar Doab