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

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6 Answers

1) since you have worked for the organisation you should be given experience letter .

2) management can terminate your services if the charges against you are proved

3) you did not renew your temporary id card on on 6th, 10th and 11th Feb’15 so you do not have any proof to substantiate your presence. you should in your defence take the plea that inadvertently you did not renew your temporary id card and should rely upon affidavits of your colleagues that you were present on said dates .

4) you will get your on hold salary . you should request that lenient view be taken as you were not familiar with the company policy and assure that in future you would not give them any chance of complaint

5) you can request that salary slip be issued for 3 months

Ajay Sethi

Advocate, Mumbai

96981 Answers

7831 Consultations

Talk to Advocate Ajay Sethi

You are in tricky situation. As you are contemplating smooth exit from the company, I will ristrict my advice on that regard.

If company insist on security breach ask them to file police complaint before taking any internal action. Without police complaint they cannot allege security breach.

Give indirect hint/warning to the investigator that you are planning to challenge his decision in the court of law and will try to bring the issue in to the public domain.

Make complaint to the management that the investigation I'd not happening in as per the labour law provisions and investigator is forcing you to resign and refusing fair settlement and blackmailing about the investigation report. Seek permission to appoint advocate to represent you befoe the investigator.

Ask for change of investigator. Disclose intention to fight it out in court and make them to believe that you are not concerned about your future career prospective in MNC companies.

By all these means put the company in to back foot as they don't want adverse publicity they will smoothen their stand.

At that time strike a deal with them ask them to facilitate smooth exit from the company without any black mark to you career. You can take help of an advocate to deal with the negotiation.

I am sure, if handled properly you can come out of the company unscratched.

Best of luck.

Sandeep Hegde

Advocate, Bangalore

418 Answers

154 Consultations

Talk to Advocate Sandeep Hegde

Generally speaking, the duties of the Investigator is to find out the truth through evidence form both sides and he should act in a neutral way to elicit truth. Perusal of facts as narrated above, you have been charged on the following counts-

1. Breach of security or updating efforts without attendance (breach of integrity)

2. Updating efforts without attendance (Breach of integrity)

3. Work from homes (non-existent policy so these are absence from work for WIPRO)

First and foremost is to find out the evidences that are going against you and counter the same in the best possible way and thereafter ask the investigator that you wish to place evidences form your side and get the statement of your own witnesses recorded, which proves your presence in the office and the practice of working from home being followed since your inception in the company. Explain in your briefing to the investigator that you act bonafidely without any malafide intentions and that too in the best interest of the company.

Hence, it is advised to present your case with conviction and rest assure that the company can not hold your experience certificates or salary for the period you worked in your company. You have all right to challenge your forceful termination in the court of law. However, to avoid such situation or as an alternative, it is better to sit with HR and negotiate for peaceful exit from the company.

Rajinder Kumar

Advocate, New Delhi

98 Answers

6 Consultations

Talk to Advocate Rajinder Kumar

Your case is a clear breach of employment contract and violations of the conditions therein. If there is no policy to work from home, how can you take it for granted that you can sit at home and claim salary for work ? If somebody else is doing so, he knows how to protect himself/herself with the influence and other aspects in their favor, you have nothing to favor you nor anyone to support you despite knowing that your intentions were to not to defraud the company. Who do you think will risk themselves to support you and get penalised for that?

The investigator is suggesting you to resign, you may talk to him about your concern about the experience certificate too in order to protect your future career interests.

You may apologise for all the irregularities observed but do not apologise in writing which will be an evidence against you.

If they claim that you have not worked and the absence will be treated as leave only, you may accept it to avoid more complications but for this they cannot force you to resign.

If they still are bent on sacking you for the petty reasons which they may claim as big issues, allow them to go ahead, you can challenge them through appropriate labor forum or tribunals meant for it.

T Kalaiselvan

Advocate, Vellore

87183 Answers

2341 Consultations

Talk to Advocate T Kalaiselvan

1. The employer is bound to issue a relieving letter to you if you resign in accordance with the employment contract. A lawyer's notice may be issued to the employer if the relieving letter is refused and this can be followed up by filing a petition against the company in the court seeking relieving letter and damages. However, the experience certificate cannot be claimed as a matter of right if the employee committed any act of indiscipline.

2. The findings of the inquiry conducted against you can be challenged in the court if you have sufficient proof to prove your innocence.

3. The salary which is placed on hold has to be paid to you. Under no circumstances it can be held back in the event you are told to resign, except if it is to be applied towards any penalty to be imposed on you for violating the contract of employment.

4. The employer is under no obligation to give you salary slips.