>>> First of all:
--- record (audio/visual) all threats being made to you and keep some irrefutable witness with you for use at appropriate time in appropriate forum.
---without any delay spend quality time with a competent and experienced labor consultant/service lawyer, show all docs and proofs on record, give inputs and under stand the merits.
Let your lawyer structure all representations now including notice of resignation and subsequent communications.
Do not forget to mention in notice of resignation that you are tendering notice of resignation of 1 month as per clause no……………………..in appointment letter dated …………..issued to you, no tasks are pending at your end as on date and routine duties be assigned to you that can be completed within and up to last date in office/expiry of notice period, and to whom you should handover the charge against acknowledgment on the spot, and up to last date in office/expiry of notice period.
You may also demand to supply you the acknowledgment of notice of resignation immediately, acceptance of resignation, service certificate, relieving letter (with good comments and avoid without or with adverse comments), correct FNF statement, FNF dues by bank DD only including performance incentives, arrears (thru redg. Post),Form 16 as per correct FNF statement, PF number (if applicable), attested copies of PF withdrawal/transfer forms (submit the forms under proper acknowledgment), ESIC card (if applicable), salary slip of all months of employment, etc……………………by redg. Post only…….so as to reach you within and upto close of office hours of last date in office ……………..by redg. Post only.You may add that postage prepaid self addressed envelope is attached.
---download the HR policy/service rules and regulations a reference of which must have been made in appointment letter issued to you and also exit policy, FNF policy etc. If these are no available at some shared portal demand to supply you the certified copy in writing of course under proper acknowledgment.
Collect all awards, rewards, appreciation letters, trophies, incentives, Tgt. Vs performance criteria and data, etc………………..
---inform your future employer preferably in writing that your current employer is unwilling to accept your resignation and may not issue service certificate, relieving letter, NOC/NDC, FNF statement, last salary slip and has sounded you to post adverse comments, is asking you to tender notice period of 2 months against 1 month mentioned in appointment letter issued to you and you should be absorbed on the strength of notice of resignation submitted by you, proof of its dispatch only and obtain concurrence of future employer preferably in writing.
>>> Provide us the following information……………
What is this establishment: Commercial, Industrial, Small Enterprise?
What is its trade e.g. banking, IT etc?
The registration certificate should have been displayed near entrance, on notice board.
How many employees are employed in it? If standing orders are applicable (certified/model) these should have been displayed near entrance, on notice board and you can demand in writing of course under proper acknowledgment a certified copy and employer is under obligation to supply it even if against nominal cost say Rs.10/-. You or anyone can obtain certified copy from certifying officer (CO- that might be DLC in o/o Labor commissioner at location of redg. office of the company.)
You and Redg. Office of the company is located in which state?
What is your designation and nature of duties?
Has your service been confirmed in writing? Has the company increased the notice period even if by some circular, email and have you accepted it?
Are you a member of any employees unions, trade unions?
Have you signed any Non Solicitation, Non Disclosure, Confidentiality Trade Secrets /Bond/Service agreement or is there any clause on Non Compete, Non Solicitation, Non Disclosure, Confidentiality Trade Secrets etc in appointment letter issued to you?
Has the company incurred any expenses on a Training that has added some extra ordinary skills or qualification to you? Or the training was just to enable you to handle the counters of the company?
Indian Courts have consistently been declining to impose injunctions or Non Compete clauses/agreements post termination of employment, however these clauses may very well operate during the term of employment.
>>> The FNF dues have to be paid on last day in office, within 3 days or max. by usual pay day.
Service certificate has to be issue to all employees by last day in office. You may demand certified copy of service card also and also request to allow you to examine the personnel file.
>>>
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If employer defaults on wages then it might default on PF,ESIC, TDS, Contribution for insurance, Gratuity etc too………………………….
Employee can approach:
>>>Inspector under Payment of Wages Act; Applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the act……………………………….within 1 year.
Salary slip to all employees duly signed by both employer and employee should be issued. Demand salary slip(s) of all months.
You may refer to: Payment of Wages Act; Sec: 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit requisite Form for recovery of wages.
>>>Inspector under –( Name of your state) Shops and Commercial Establishments Act.
Max. notice period as per this Act is 1 month.
One of the duties of the Inspector is to ensure that wages are paid on time and FNF of separated employee is also done properly and in time.
>>> O/o Labor Commissioner;
The Labor Inspector might also be officiating as Inspector under Payment of Wages Act, Inspector under UP Shops and Commercial Establishments Act…………………………..however you may lodge complaints mentioning the enactments separately.
----Employees Unions e. They may help you.
--- Trade Unions e.g. CITU, INTUC,BMS, AITUC etc……..
----RPFC thru nearest PF office.
Does the company supply PF number, PF a/c slips for each year/or E Passbook? It has to.
----ESTC Inspector in jurisdictional ESTC office………….
(Applicable to all employees drawing wages up to Rs.15000/pm as per def. of wages in the ESI Act)
--- Form16: --ITO-TDS where you file ITR and jurisdictional CIT-TDS where you company files ITR. Non issuance of Form16 by deductor (employer in your case) is offence and employer can be penalized.
--DLC-Gratuity, Controlling Authority of Gratuity.
You can submit FormI one month before effective date of resignation, of course under proper acknowledgment.
----Lawyer/Law firm
---Civil Court
Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer, to approach HC for winding up petition.
There are many threads on it e.g;
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV
https://www.lawyersclubindia.com/forum/Full-n-final-settlement-100310.asp#.U0AEW0eBmXU
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--ITO-TDS where you file ITR and jurisdictional CIT-TDS where you company files ITR. Non issuance of Form16 by deductor(employer in your case) is offence and employer can be penalized.
Discuss the matter in person with local Labor Consultant/service lawyer before you proceed further.
Your lawyer may opine that you as per your designation/nature of duties should be covered as ‘Workman’ as in ID Act, ‘Employee’ as in shops and Commercial Establishments Act.
The employees that are not even workman, members of unions they also know how to defend their rights and do not get influenced by line managers, HR and defend their rights.
The employees that are not members of employees unions, trade unions are usually not properly informed and face harassment, exploitation.
IN the meantime you may find the attachments useful.
