Job termination

Do you have evidence (audio/visual/witnessed/minuted) of abusive behavior?

Do you have evidence (audio/visual/witnessed/minuted) of termination by superior in front of HR?

Does the superior have any power (given by board of the company) to terminate?

Does the HR accept that you complained and they investigated and that superior committed transgression and shouted termination on you?

Has the employer issued speaking order of termination: by email/fax/letter/courier/Regd. Post?

Have you lodged complaint with: employer (superior/HR) is not your employer?

You may approach:

Employee’s Unions/Trade Unions e.g: CITU/INTUC/AITUC/BMS etc?

Labor Law Consultant/Service matters Lawyer/Law firm

and they can counsel you ,help you, talk to employer on your behalf and also advise you the forums that you can approach e.g;

Inspector appointed under Shops & Estbs Act, Payment of Wages Act, o/o Labor Commissioner

OR you may settle the matter with employer the help of your counsels before speaking orders of termination is issued to you.

The vindictive superior/HR may frame abscondment etc and process termination and harass you for FnF, service certificate, relieving letter…………….

Hi,

Thank you for your reply. The superior who terminated my friend is the CEO of the company and did not provide any hardcopy or letter regarding the same. He complained to HR in front of other employees, not on mail and everything was verbal. The senior did not provide any letter. He has applied for relieving and experience certificate but have not received any reply. Will he be liable to get his PF as well?

Termination is effected by speaking order (written).

Opportunity of natural justice by domestic inquiry should have been provided.

As per Model Standing Orders Sec;9-18 the service certificate has to be provided to all employees on day of termination along with FnF dues.

You can approach the forums that has already been informed in previous post.

PF; amount in PF is not in control of employer and is with EPFO.The employer is under legal obligation to provide PF number and a/c slips of each year and can not decline to attest the PF forms. If it declines it is punishable offence.You must submit PF forms under proper acknowledgment with date/seal /signature or thru Redg. Post.

The employer or designated person (usually HR personnel) is duty bound to attest the forms and submit to concerned PF office within 5 days and supply the acknowledgment issued by PF office ( for employee) to employee by effective mode of communication i.e. Redg. Post.

You have the option to transfer the PF to new employer and that shall be the best option.For transfer you may submit the PF forms to next employer.

It shall be better if you contest the termination.