It shall be appropriate to show all records to a competent and experienced service lawyer/labor consultant.
Does the company have its own PF trust? Has the company circulated the PF rules to employees?
You may submit the PF withdrawal/transfer forms to employer under acknowledgment. Ideally employer should submit the forms to PF office within 5 days and supply the acknowledgment issued by PF office to employee. You may demand acknowledgment by redg post . Or you may submit PF forms attested by one of the competent authority e.g. Bank Manager to PF office where you’re a/c is maintained. You may enclose a letter addressed to PF commissioner that employer has declined to attest your PF forms.
PF is immune from any attachment.
Months notice seems to be unreasonable. You may relate to SE act applicable to your company. Is it a IT company?
Statutory Bonus is to be paid with in 8 months.
For Performance bonus you may relate to policy of the company.
Demand correct FNF statement and affirm to pay the payables if any as per correct FNF statement. Company shall have to compute salary, bonus, and incentives as applicable, encashment of paid leave etc in FNF statement and can adjust notice pay in FNF statement. If FNF statement is not correct you may reject to accept in writing. Company shall issue form 16 as per FNF statement and if your next employer is buying out the notice period you shall not be subjected to double taxation.
If company terminates an employee and tenders notice pay in FNF settlement it is not penalty hence notice pay by employee should also be computed in FNF settlement and should not be treated as penalty.
Demand service certificate which is government terminology for relieving letter and does not have scope and column for adverse comments.
Company may proceed to recover notice pay by issuing notice to you and then filing civil suite.
Company is not proceeding as it may be coercing and forcing you to pay by cash/DD/transfer and thus avoiding showing it in FNF settlement.
https://www.banglarmukh.com/portal/WBLabour/ShopsAndEstablishmentsHome/WBLCMSPortletLabourWindow;jsessionid=DA4C64C81281CFD9FF3B65F6FC626A6F.node1?alf_f_name=body_content.txt&dtname=ShopsAndEstablishments&action=e&windowstate=normal&alf_path=WebContent%2FDirectorates%2FShopsAndEstablishments&mode=view
Government of West Bengal
Office of the Chief Inspector
Shops & Establishments Directorate
(Under Labour Department),
6, Church Lane, 3rd Floor, Kolkata - 700 001
Phone: 22488622/21, 22484675
GUIDELINE AS PER PREVAILING PROCEDURE REGARDING APPLICATION FOR REGISTRATION / RENEWAL / NOTICE OF CHANGE UNDER SHOPS & ESTABLISHMENTS ACT, 1963.
Are available at:
https://www.banglarmukh.com/portal/WBLabour/ShopsAndEstablishments/WBLCMSPortletLabourWindow?alf_f_name=Guidelines.html&dtname=ShopsAndEstablishments&action=e&windowstate=normal&alf_path=WebContent%2FDirectorates%2FShopsAndEstablishments%2FOthers&mode=view
14. Notice of termination of service
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A person who has been in continuous service for not less than one year shall not be terminated without giving one month's notice in writing showing the reasons of such termination
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The person shall have the right to appeal to such authority and within such period as may be prescribed
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The decision of the appellate authority shall be final
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Key Officers' Contact
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Name
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Designation/Role
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Address
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Phone
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Md.Nasim
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Addl.Chief Inspector
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6,Church Lane, 3rd fl., Kolkata - 1
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2248- 8621 / 8622 / 4675
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Tirthankar Sengupta
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Joint Chief Inspector
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6,Church Lane, 3rd fl., Kolkata - 1
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2248- 8621 / 8622 / 4675
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Kingsuk
Sarkar
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Supervising Inspector
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6,Church Lane, 3rd fl., Kolkata - 1
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2248- 8621 / 8622 / 4675
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Tapash K Dutta
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Supervising Inspector
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6,Church Lane, 3rd fl., Kolkata - 1
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2248- 8621 / 8622 / 4675
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Acts available at:
https://www.banglarmukh.com/portal/WBLabour/LabourDir/WBLCMSPortletLabourWindow?alf_f_name=rel_acts_home.txt&dtname=LabourDir&action=e&windowstate=normal&alf_path=WebContent%2FDirectorates%2FLabourDir%2FRelActs&mode=view
INVESTORS TO GET BOTH REGULATORY SUPPORT AND FISCAL
INCENTIVES
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Supportive regulatory framework set up for investors
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1. Procedures under existing labour laws simplified to ensure smooth operations
1.1. All ITES companies are granted the status of ‘Public Utility Service’ providers under the Industrial Disputes Act, 1947.
1.2. Given the round-the-clock nature of work that is part of the ITES industry, the Government grants it permission to work on a 24x7x365 model. These units are also exempt from the following provisions of the West Bengal Shops and Commercial Establishment Act, 1963.
2. Self-certification allowed for ITES companies on various acts :
Employees Provident Fund and Miscellaneous Provisions Act
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Fiscal incentives for ITES investors
2. Recurring incentives :
Employment Generation Subsidy: ITES companies in Group A & B will
be reimbursed 50 per cent of their contribution towards ESI & EPF for 5
years while those in Group C will be reimbursed 50 per cent of their
contribution towards ESI & EPF for 7 years.
