Dear Expert, I am a confirmed employee who had a senior position at a multinational company. I had sent an email to my employer requesting a casual leave due to some health issues. My services were terminated without any prior notice, although my appointment letter stated that upon confirmation, my services could be terminated from either side by giving two months (60 days) notice or salary in lieu thereof. My queries are: Is my employer liable to pay my pending salary for the 15 days? Is my employer liable to pay the notice period salary for two months? Is my employer also liable to pay compensation for the illegal termination? Thank you for your help. Sincerely, S.Gill
Please provide a detailed explanation of why your employer has terminated your services. It is not normal for management to terminate an employee simply for requesting a casual leave. Thank you.
Dear Sir/Madam, Please make sure to not be an excessive absentee! In most MNCs, the owners do not have much influence since the majority of them are operated with ERP systems. Consequently, a termination would require the agreement of three or more line managers/department heads and their respective approvals. Speak to your Head of Department to get the full details of your termination. Unless you have broken company policy, no termination will take place without compensation and salary settlement. Regards
Thanks for your replies! The reason for the termination is that I requested a medical/casual leave and also deputed my junior in my absence to take care of my work. Additionally, I have 20 casual leaves pending for the whole year. I received a mail from the company director saying that I am free to discuss my problems with them at any time during 24×7 and that I should have informed them before going, at least by phone. They requested that I contact them on their cell phone and discuss my current problems, while they will request the Executive Director to allow me to work on my laptop. After a few days, I received another mail from the office network saying that since I was absenting from my duties without prior approval, they made several phone calls but I did not respond and that it seemed I was not interested in continuing to serve with the company. As a result, the management lost confidence in me and my services were terminated with immediate effect. I replied, stating that I had applied for a medical leave and had responded to their mail in which they requested me to work through my laptop and discuss with them verbally through phone. I also mentioned that my cell phone had never been switched off since the date mentioned. I suggested that if they had lost faith in me, they could ask me to resign instead of terminating me in this way. I also mentioned that, in my years of experience, no single employer had terminated me and that the termination was a violation of the principle of natural justice. I also stated that, according to the rules of the company and the conditions of the appointment letter, a terminated employee is liable to pay two months’ salary by the company in case of termination by the employer. I asked if I was on medical leave or terminated. I hope this case is now clear. Please provide your suggestion.