Legal Question in Employment Law in India

One of my friend was working in a company as HR. She had to leave one day suddenly from office due to medical emergency of one of her relatives in chandrapur. She informed her reporting head verbally before leaving from office. She was in touch with her reporting head. But after 3 days she got a email from office stating that she had not informed office about her absentism and that if she doesn't report by next day then management will take action against her. Same day she replied by email that she was in chandrapur and she didn't sent a formal email because she was tensed due to medical emergency but she had informed her reporting head verbally about it. After almost 6 days she joined her company back and on the next day when her bosses were in office they were shouting on her for no apparent reason. Finally she got fed up with the things and she decided to go and resign. When she met her boss, she said she wanted to resign because the management had no human approach coz they wanted her to resume job in spite of a serious emergency. Then suddenly her boss got angry and started yelling and asked her to get out of the office and that she is terminated and they will call cops. This conversation of her boss shouting was recorded by my friend. On the same day my friend emailed her resignation. Later after two days she received a letter by courier from her office stating that they will take legal action against her for doing recording. Please advise


Asked on 1/31/15, 4:22 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

31.01.2015

Dear Sir / Madam,

First and foremost, even if your friend had to proceed on unforeseen medical emergency leave to attend to her relative in Chandrapur, she ought to have emailed her request for emergency leave sanction stating the tentative number of days that she was likely to remain absent from Office. In any organization, HR Department initiates all Personnel & Administration policies and procedures for all the employees of the organization to follow, so they have to follow these laid out policies and procedures themselves first, and lead by example. Your friend has erred by just verbally informing.her reporting head that she is proceeding on emergency medical leave. Secondly, the Management is right on their part to have reprimanded your friend for her reckless approach, simply because they did not have a clue as to when your friend was going to resume duty, hampering the routine office work. If her bosses yelled and screamed at your friend, she at that very moment ought to have summoned her reporting head and asked him / her to testify in front of her bosses that she had verbally informed the reporting head of her leave absence or not. Coming to the point, since your friend has emailed her resignation, in reply to the letter she has received by courier, she should further email to her reporting head and the bosses that she is willing to serve the notice period as stipulated in her Letter of Appointment. I advise and guide you to do this because if the Management rejects her move, your friend will have to be paid the notice period salary by the Management along with her full and final settlement dues by the Company. The Management cannot take legal action against your friend for recording their conversation.

Regards,

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Answered on 1/31/15, 9:26 am


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