• Termination

I Namita Verma employee of Apptask based in kalyani nagar Pune, I joined the company on 10th of July 2018 as HR(onboarding) and informed my recruiter that i need leaves on 27 and 28 of August and he was ok with it he approved the leaves as well on portal but due to health issue i had to take leave on 29th as well but i did inform this prior to my shift and they said ok that time but after a week HR came to me told me that you are terminated as you have taken unauthorised leave for 3 days and your last working day is 14/09/2018.They haven't sent email or document mentioning exact reason for termination(only verbal)
Please help me what can i do in this case.

Thanks
Namita Verma
Asked 4 years ago in Labour

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11 Answers

send email to HR department that you had taken authorised leave for 2 days

2) as you fell ill you were forced to take leave on 29th instant also

3) enclose your medical certificate

4) if you have been wrongly terminated you can complain to labour commissioner

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Remedy agasint termination can be seek through labor commissioner. 2 days leave is sanctioned and same can be prove and 3rd shall be justify on medical ground.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You have right to appeal or file a case against the company.

verbal terimnation is illegal.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. It is not clear whether you had given any written presentation for leave and the same was granted in writing as well.

2. if not then the management can very well take plea of unauthorised leave to suit their objective of cutting manpower.

3. if there is written proof then the termination is illegal and you can challenge it in civil court.

4. Since such remedy is both time taking and not so cost effective you should thin twice on filing the civil suit.

5. So amicable settlement and honourable quitting with compensation is best found solution for you .

6. To rod the management to settle the dispute with you, send them a legal notice.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

The termination can be challenges before the labour court and the reinstatement can be prayed as you got the authorised leaves and further the employer could have deducted salary for period or have issued a show cause but direct termination without notice is illegal.

issue a legal notice engage a labour court lawyer and can contest the termination.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

Send then a legal notice for illegal termination and later file a case in labor court for the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. Unless the leave was sanctioned in writing it is an unauthorised leave.

2. If you have any evidence to prove that your leave for 29th was not unauthorised then you can challenge your termination as illegal and arbitrary in the court, else accept it and seek the full and final settlement from the employer.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

This is my response to you:

1. Send them a formal letter asking about the leave policy and such wrongful termination is not fair;

2. Send a legal notice through a lawyer and demand explanation;

3. If they still do not retract their resignation order then file a complaint to the labour court.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

You can issue a legal notice instructing them to reinstate you since the termination order and the reasons for termination is illegal and unacceptable to you.

You may state that you have evidence for the approved leave and also you may state that the decision to terminate you is contrary to the provisions of law and also against the conditions of the employment offer letter.

If there is no response or if they dont comply with the demands made then you may file a writ of mandamus petition before high court seeking the relief of reinstatement and other reliefs.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Whether they are stopping you from attending the office ? if so then immediately file an application of illegal termination before the ALC of the area and see What will be the out come because now it has become popular among employers to terminate verbally so you have to fight with them. If you see that nothing is coming out from the conciliation then file immediately a Writ before Hon'ble High Court alleging illegal termination, you will get the relief.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Hi Namita,

Here you have to check the employment agreement which you have signed at the time of joining the company. And you may have to copy of the same. So kindly go through the terms & conditions plus all clauses of the employment.

Plus you can't force or take any legal action against company as you were on probation period and you have take 3 days leaves.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

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