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Mayank Rautela  |238 Answers  |Ask -

HR Expert - Answered on Mar 09, 2023

Mayank Rautela is the group chief human resources officer at Care Hospitals.
A management graduate from the Symbiosis Institute of Management Studies with a master's degree in labour laws from Pune University, Rautela has over 20 years of experience in general management, strategic human resources, global mergers and integrations and change management.... more
Awadhesh Question by Awadhesh on Feb 21, 2023Hindi
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Career

What should I do when my company terminated me without formal notice after 30 yrs. continuous service in a row ?

Ans: You can approach the labour court of the senior management of the company
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HR, Workspace Expert - Answered on Mar 20, 2024

Asked by Anonymous - Mar 20, 2024Hindi
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Hi sir I could not serve my 3 months notice period however I had served 2 months and asked HR to give me early reliving. I mentioned that my parents are not well and attached medical prescription but they denied and said you to serve complete 3 months. After 2 months I stopped going to office they were sending me absconding mails meanwhile and after 1month they sent me termination letter what shall I do In such case ? I was working there for 2 years.
Ans: I’m sorry to hear about your situation. When facing termination due to not serving the full notice period, it’s important to understand your rights and the potential legal implications. Here’s what you can consider doing:

Review Your Employment Contract: Check the terms regarding the notice period and termination. There might be provisions for situations like medical emergencies.
Legal Consultation: It may be beneficial to consult with a labor law attorney who can provide advice based on the specifics of your case and the applicable laws.
Documentation: Gather all relevant documentation, including the medical prescriptions you submitted, any communication from HR, and the termination letter.
Negotiation: You could attempt to negotiate with your employer, explaining the situation with your parents and seeking a compassionate resolution.
Labor Office: If negotiation fails, you may approach the local labor office or labor court for guidance and to explore options for redressal.
Understand Legal Precedents: Familiarize yourself with any legal precedents that may apply to your case. For instance, the Supreme Court has provided judgments on employment notice periods that might offer insights into your rights and obligations.
Remember, each situation is unique, and the best course of action depends on the specifics of your employment contract and the company’s policies. It’s crucial to handle the matter professionally and legally to ensure the best possible outcome. Good luck!

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Mutual Funds, Financial Planning Expert - Answered on May 01, 2024

Asked by Anonymous - Apr 10, 2024Hindi
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I was working in a governments university on temporay basis for 10 years. After 10 years I got a fresh job in the same university but was appointed on tenure basis and contiued to work for 23 years without any break till my retirement. During these 23 years my employer was completely silent on my tenure period and never specified my tenure period. Now I am asking them to pay my grautity and leave encashment. But they are counting my first period of 10 years and are not counting my second period of 23 years of service. Kindly let me know what can I do to get all the 33 years of service counted for claimimg retirement benefis.
Ans: You have a strong case to argue that all 33 years of service should be counted for your retirement benefits, including gratuity and leave encashment. Here's what you can do:

Approach your University's HR Department:

Clearly explain your situation, highlighting the 10 years of temporary service followed by the uninterrupted 23 years of tenure-based service.
Emphasize that your employer never specified an end date for your temporary period, and your service transitioned seamlessly into a permanent role.
Refer to University Employment Rules:

Research the university's employment rules and regulations regarding temporary staff transitioning to permanent positions. These rules might mention how the service period is calculated in such cases.
Gather Evidence:

Collect any documents proving your continuous service for 33 years. This could include appointment letters, salary slips, identity cards, or any other documentation that reflects your employment period.
Consider Union Representation (if applicable):

If your university has a staff union, seek their guidance and representation. They might be familiar with similar cases and can help you navigate the process.
Legal Consultation:

If the university remains unresponsive, consider consulting a lawyer specializing in labor law. They can advise you on your legal rights and potential courses of action, such as filing a petition with a labor tribunal.
Key Points:

The continuous nature of your service for 33 years strengthens your case.
University employment rules might have specific guidelines for such situations.
Documentation and evidence are crucial to support your claim.
Explore union representation or legal consultation if necessary.
Remember, persistence and clear communication are key. By presenting a well-documented case and highlighting the continuous nature of your service, you can increase your chances of having all 33 years counted for your retirement benefits.

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