Termination Case _ need advice Termination Case _ need advice

5 years ago

I joined a manufacturing firm as Sr. Manager - Human Resources located in Lawrence Road Industrial Area on 10.07.2017 through Letter of Intent dated 01 June 2017 and Appointment letter dated 10th July 2017.

But because of some critical family reasons i had to proceed on leave on 22 July 2017 for which a discussion was done with the management and subsequent approval taken also an email dated 25 July 2017 was sent to them informing the management of the discussion and approval sought.

For very extreme reasons I was somehow not contactable for almost 07 - 10 days during mid week of September because of father's extreme medical condition at my hometown for which i had informed them also.

On 13th September 2017 i received an email from the company that i am being terminated with immediate effect owing to reason mentioned below (A per content of the letter, signed by Assistant Manager HR) : We have been trying to contact you over the phone but it is unreachable or switched off", we do not have any slightest information about your whereabouts and because of your non-professional attitude and un professional behavior from your side company can't be sufferer.There are lot of pending works/areas in HR department., hence termination with immediate effect.

Since my personal issues were more important and also as my services were terminated i did not respond to the letter and i returned from my home town in April 17 and wrote back to the management on 26th May 17 about releasing my dues and also informing them of my father's demise in mid week of September and reasons for why the phone might be not reachable.

They responded back to my email on 04th June 17 sharing the settlement calculation and also recovering one month notice pay as a result of which i am getting peanuts.

Kindly advice in this scenario can i be terminated on leave which was informed and duly acknowledged by them, also they terminated my services during leave with immediate effect, it is they who should be paying the notice pay and they are recovering from me.

What is the legal option available with me.

Ambrose Leo

Responded 5 years ago

A.Yours is very complicated ans serious issue on your part and also on the part of management,you are in a senior position in management and you have a valid reason for consideration, only you should have failed to inform the reasons and take the management to confidence likewise the management failed to reason out your personal tragedy and offer at least a sympathetic view of your personal issues.Better to Consult a Professional Employment & labour and Service Matter Lawyer from panel of Vidhikarya quickly to take up and initiate legal & case before the competent Authority.
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Abhimanyu Shandilya

Responded 5 years ago

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A.Mr. Singh,
You must be aware that private jobs are regulated by the employment contract that gets executed between the employer and employee. Hence, if your employment agreement had these kind of clause for termination then they can do so. If not then you can challenge them and their action. You may also send them a legal notice to recover your dues, if any.
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