Instant firing without proper explanation
MD Zealand Ansari
(Querist) 16 July 2016
This query is : Resolved
Hi All,
My Name is MD Zeshan Ansari. I Was Worked In Homes hop 18th since November 2015. I was on festival leave for 5days between 6th July - 11th July. And I had to report on 12th July but due to medical reason I was unable to report back on 12th July.
When I came back on 14th July, my reporting manager said me that you have to meet HR, and HR said you have been left marked as u haven't reported on 12th July.
How can they mark me left without giving me any intimation. They said write a resignation letter and also said u have to pay 9150 to company as recovery amount.
They also refused to give me my Pf account closure.
They haven't call me or even try to contact me via email.....
This is really unfair to me.
Please suggest me what should I do.
Looking forward for your kind revert..
MD Zeshan Ansari
Victim of Magus Payroll
Sudhir Kumar, Advocate
(Expert) 17 July 2016
"they also refused to give me my Pf account closure."
whether PF was deposited with EPFO.
Guest
(Expert) 17 July 2016
You need to refer to the TOC of your offer/ appointment letter and act according to the conditions. In the absence of discussion on TOC, nothing tangibale can be possible to be suggested to you.
Also intimate at what post and nature of job you were employed.
Guest
(Expert) 17 July 2016
You have not replied my question. Any reason?
MD Zealand Ansari
(Querist) 17 July 2016
I was working as Customer support executive in homeshop18
Guest
(Expert) 17 July 2016
Please also clarify, whether you took approval in advance from your reporting manager to continue with your absence for two more days beyond the festival leave?
Also have you ever submitted form for admission to epf and in which month/ year?
Still further, what was the amount that was being deducted as epf from your salary and from which month/year they started?
MD Zealand Ansari
(Querist) 17 July 2016
No I haven't confirmed for absence. Also they said if want relieving letter and pf amount u have to pay 9150 to company......notice period of company is 1month
MD Zealand Ansari
(Querist) 17 July 2016
I have only inform to my assistant manager About the same and told to convey my msg to my manger
Kumar Doab
(Expert) 17 July 2016
So you have informed to the Astt. Manager.
Clarify it and submit the medical leave with medical certificate.
The leave rules may specify that if medical leave is for say 3 or more days then medical certificate is required.
Medical Leave application can be submitted on joining.
For 2 days leave the employee may not necessarily loose lien on employment.
Do you have evidence of demand of resignation?
Have you resigned?
Did you submit notice of resignation or resignation with immediate effect?
Did you mention in resignation that resignation was demanded on dated................by Mr/Ms.......?
Has your resignation been accepted?
The employer can not decline to attest PF forms.
Have you submitted any representation to good offices of appointing authority,MD in writing under proper acknowledgment.
Sudhir Kumar, Advocate
(Expert) 17 July 2016
you said
No they refuse to give me my pf details
but I am asking
whether PF was deposited with EPFO.
Kumar Doab
(Expert) 17 July 2016
Has any PF number and PF a/c slip of each year supplied to you.
MD Zealand Ansari
(Querist) 17 July 2016
Mr doable they we only attest pf form when you give me recovery amount..... Pf account no.-----TN/26047/55715
MD Zealand Ansari
(Querist) 17 July 2016
Mr Sudhir they denied to give me any detail of my Pf account
Kumar Doab
(Expert) 17 July 2016
You may click on the 'Modify' button and correct the error in name!
You have not replied to all points!
Had you replied further inputs could have been given.
You seem to be interested only in PF!
What exactly you want to do with PF; withdraw or transfer?
Have you submitted PF forms?
Have you asked to supply the PF number, PF a/c slips in writing, and that Mr/Ms............has declined to attest the PF forms on dated............under proper acknowledgment?
Have they declined to attest PF forms verbally or in writing?
Don't worry. Your funds in PF a/c are not in control of the employer and are safe with EPFO.
It shall be better to transfer the PF to new employer and for that you don't need to submit PF forms to past employer.
There is bar on PF withdrawal, if employee is not unemployed for 2 months and you shall have to attest it in PF forms.
Don't limit yourself to PF alone.
Resolve the whole matter.
They may post negative feedback in BGV.
Approach your able labor Law consultant/service matters lawyer.
MD Zealand Ansari
(Querist) 17 July 2016
No sir I haven't mentioned name of that HR on resignation letter and she kept that letter with her also she give me exit paper to fill she forced me to write resignation she has also given the resignation format and told to copy the same
MD Zealand Ansari
(Querist) 17 July 2016
I want to withdraw my pf amount because presently I m unemployed and looking for job. They denied verbally for the pf amount.
MD Zealand Ansari
(Querist) 18 July 2016
I just to if I m terminated because of company policy as per above mentioned scenario. So it's mandatory to pay recovery amount in lieu of notice period to claim all my documents and pf.
Kumar Doab
(Expert) 18 July 2016
Have you submitted PF forms?
If yes, have you obtained acknowledgment?
Submit PF forms under proper acknowledgment ( with covering letter and keep copies) and ask to supply the acknowledgment issued by EPFO (for you) to you By redg. post.
The employer has to attest and submit the PF forms to EPFO within 5 days from receipt.
Refusal to attest PF forms is offence.
If employer has declined eve if verbally (record calls/meetings) lodge complaint with RPFC in EPFO, under proper acknowledgment.
You can also collect PF withdrawal forms from nearest PF office and get these attested by anyone of the authorities say Bank Manager and submit to concerned PF office (under proper acknowledgement).
You have not been terminated.
You have resigned, although you are mentioning 'Forced Resignation' that can be termed deemed termination.
You may approach employee's unions of your trade /trade unions e.g; CITU/INTUC/AITUC/BMS and the leaders can support you.
Looking into your posts it is felt that you should better be a member of unions and be properly informed.
MD Zealand Ansari
(Querist) 20 July 2016
Hi sir my hr is telling that u r absconded so we won't give you any balance amount or even copy of any resignation letter. They agreed for pf claim.
