Cheating employer
8 months ago
I am worked as a software developer, I have a health issue I was take leave for one week and send the letter to Hr department and they are call back and said that "once your health cure you can join and can take one month leave" my health cured after 20 days I call back ask for joining they are said to me your are terminated and consider as abscond because you are not said to me and not taking permission with us They are taking final settlement last month salary compansated and they are giving even reliving certificate and payslips after that it will difficult get the job with out experience certificate
A.Dear Client,
From the contents of the query it appears that for lack of interpretation of term leave and leave for a health issue which is known as sick leave, a wrong action has been taken by the employer against you. Normal leave and sick leave are different in nature and dealt with differently. When an appeal for normal leave for a specific period is required to be approved in advance before availing the leave, a sick leave requires no prior approval once it is informed by the employee to his employer by an application attaching the medical certificate and until and unless a fit certificate is issued by the treating Doctor, the absence of an employee in service is treated as sick leave with pay or without pay as per the Company Policy. During sick leave, an employer cannot force you to resume your job in the absence of a fit certificate of doctor. So, in case you took leave on the grounds of health issues, the Employer is aware of your cause of leave, and being aware of the reason for leave they cannot treat the same as absconded or abandonment of job without information and terminate during your sick leave even with or without serving a notice of termination and such an arbitrary and unjustified action on the part of employer amounted to illegal termination and unfair trade practice. In that situation, if you are not holding a position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then you need to serve a legal notice to your employer/company and file a complaint over alleged illegal termination and unfair trade practice against them before the concerned Labour Commissioner for redressal of your grievance failing which you may file an application u/s.33C(2) of I D Act before the concerned Labour Court directly claiming entire dues payable as compensation toward illegal termination. If you are not a workman as defined u/s.2(s) of the Industrial Dispute Act you have to approach Civil Court for redressal of your grievance. Reach out to an Advocate for guidance and steps. However, in case you need any legal services/assistance in this regard, you may contact our legal team with all the relevant papers.
From the contents of the query it appears that for lack of interpretation of term leave and leave for a health issue which is known as sick leave, a wrong action has been taken by the employer against you. Normal leave and sick leave are different in nature and dealt with differently. When an appeal for normal leave for a specific period is required to be approved in advance before availing the leave, a sick leave requires no prior approval once it is informed by the employee to his employer by an application attaching the medical certificate and until and unless a fit certificate is issued by the treating Doctor, the absence of an employee in service is treated as sick leave with pay or without pay as per the Company Policy. During sick leave, an employer cannot force you to resume your job in the absence of a fit certificate of doctor. So, in case you took leave on the grounds of health issues, the Employer is aware of your cause of leave, and being aware of the reason for leave they cannot treat the same as absconded or abandonment of job without information and terminate during your sick leave even with or without serving a notice of termination and such an arbitrary and unjustified action on the part of employer amounted to illegal termination and unfair trade practice. In that situation, if you are not holding a position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then you need to serve a legal notice to your employer/company and file a complaint over alleged illegal termination and unfair trade practice against them before the concerned Labour Commissioner for redressal of your grievance failing which you may file an application u/s.33C(2) of I D Act before the concerned Labour Court directly claiming entire dues payable as compensation toward illegal termination. If you are not a workman as defined u/s.2(s) of the Industrial Dispute Act you have to approach Civil Court for redressal of your grievance. Reach out to an Advocate for guidance and steps. However, in case you need any legal services/assistance in this regard, you may contact our legal team with all the relevant papers.
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A.Dear client,
You can lodge a complaint against them at the local police station. You can also file a lawsuit against the company for illegally terminating you. Keep all the call recordings and mails safely as it can be used as evidence.
You can lodge a complaint against them at the local police station. You can also file a lawsuit against the company for illegally terminating you. Keep all the call recordings and mails safely as it can be used as evidence.
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