Termination due to leave and attendance not updated
The issue started in February, When my friend had taken my ID card by mistake while going on vacation. dates in question were 5-20 Feb. I was using temporary ID card, My swipe in swipe outs attendance was not registered during this time. Due to this my salary went on hold (march-may) and this became a compliance issue. In the compliance investigation, Investigator pulled out my leave attendance and efforts data for whole year to study my behavior and see if I was a repeated offender.
To give some background of wipro processes
1. Attendance and Efforts:-
In Wipro we have to update our efforts in the system on what activities we have worked, If we do not update the efforts, leave is auto-deducted (even if there's a attendance swipe-in swipe-out).
But if we update efforts without attendance leaves wont be deducted, now this is an breach of integrity issue if a person is on leave and updating efforts to avoid attendance deduction unless he can substantiate his presence.
2. Work from Home:
I work for Client vodafone (UK). and they have provided us facility to work from anywhere over the internet, this enables us to work even at home. So our client does not object about working from home but Wipro does not have any policy on work from home.
Now coming to charges on me
1. Breach of security or updating efforts without attendance (breach of integrity)
* I was using a company issued temporary prolixity ID card, Which is valid for only one day and only proof for my presence in company is the mail from security team about issuance of ID card
* I did not renew my temporary ID card on 6th, 10th and 11th Feb’15 so I do not have any proof to substantiate my presence other than alibis (my colleagues)
* So investigator is saying that either I was not present or I had an illegal entry in the company and if this is the case the security guard working that day would also be in question and terminated if found guilty
* My manager has already vouched for my presence in office but investigator is not convinced
2. Updating efforts without attendance (Breach of integrity)
* in 1 year there were 7 instances spread over months where I did not apply for leave while on leave and updated the efforts to avoid leave deduction
* I've updated and applied leaves during the course of investigation but investigator says this is not acceptable
3. Work from homes (non-existent policy so these are absence from work for WIPRO)
* Over the year I had 8 work from homes (4 instances in February), due to minor sickness, I have email conversation with customer as proof of my workings
* Investigator said this is a non existent policy. If at all someone wants to work from home they need to have a prior manager approval and HR approval
* I've informed my manager for when working from home but I do not have approval proof from my manager or HR. This has been a common practice in my team
Actions by me till now
* I've provided clarifications to the findings and I've also apologized for the mistake, but investigator is stern on point that this is a well thought act to avoid leave deduction
* I've updated my leaves after investigation started, I've accepted this fact as-well, so that it does not look like a cover-up but as corrective action for the mistake. But still investigator looks at it as cover up
* On temporary ID card issue, He did not specify what happens if breach of security is proven
* For all actions in Feb, The reason I provided was stress due to pre-marital family issues and my fathers illness for which I had taken a 3 day emergency leave which is true to much of extent. On which his response was if you were not mentally stable did you consult a psychiatrist and proof for that.
Current situation-
In an informal meeting with the investigator he asked my clarifications on above on which he is not satisfied and he has given me a clear hint that if breach is proven, they will ask me to resign and I would not get my experience certificate but only relieving letter and there would be no problem for my background verification.
My manager is supportive in limited capacity as he is also under the axe on work from home issue as this is a common practice in team and no one is following the procedure
My questions-
* How to convince them to give me experience letter in case they ask me to resign
* Is this legally justified to terminate employee due to such issues, Is there any way to avoid termination or what should be steps to avoid forceful termination
* On the first charge (breach of security), I was actually present in company but no proof for it. But If my presence is proven then it'll be a illegal presence according to investigator so what should be my stand on this so that the disciplinary action is of minimum damage to me
* How do I convince that this was done by mistake/negligence and was not a well thought act
* Will my on-hold salary be given to me, as I was working normally from March till date
* Will I get salary slips for 3 months or a single full n final settlement statement, which may cause suspicion in new employer
Asked 9 years ago in Business Law
