You and Redg. office of the company is located in which state?
Is it a private or Public Sector Insurance company?
What was your designation? You may draw chart of designations of employees reporting to you and offials top whom you were reporting.
Does the standing orders applicable to the company are certified or does the company have its certified standing orders?
You may go thru the appointment letter issued to you and you may find a clause to this effect e.g; Non Solicitation ……………..
>> The companies usually have an incentive/reward scheme for Referrals. In such a scheme the employee refer another candidate for a particular position and as per scheme might forward the Resume of the referred candidate and if the candidate is selected the employee may get a reward usually a cash payout.
The past employer may perceive referrals as poaching or violation of Non Solicitation clause.
If you have a Non Solicitation Clause in appointment letter issued to you by past employer and you have not referred any candidate then you have not violated the clause.
>> The employees leaving a company are free to join any other establishment.
It is also possible that the ex. Employees of your company has been recruited thru some ‘Consultant’ of your current employer and in such a case the candidates must have submitted their resume to the ‘Consultant’ and must have written the name of the consultant/recruitment agency on their CV and ‘Fee’ should have been paid to the consultant.
It is possibilities that your current employer is welcoming employees form other companies including your past employer as per its internal decision to source recruitments.
The HR of the current employer may not necessarily agree that it has sourced the candidates from your past employer.
It is also possible that there is no Anti Poaching Agreement between the two employers.
>> Verbal Transactions are difficult to prove.
In such a case it is better to keep an evidence and record (Audio/Visual) and keep some witness with you.
In many states the employee’s union ( Managers) for Insurance Companies already exist and it is believed that in many states employees of the private Insurance companies have formed unions which are affiliated to national Trade Unions and they have succeeded to get terminated employees reinstated in employment.
The Trade union member can be a witness.
If you want the trade unions details whatsoever is available can be shared with you.
>> You have the option to minute the entire discussion with Security Staff and HR in writing by letter thru redg. post preferably addressed to appointing authority, MD, Chairman with a copy to head-HR..
If the Security post is under CCTV surveillance and you have made the phone call from your mobile then you can ask to refer to the CCTV footage and quote the phone call and conclude that you were prevented to submit PF forms in person and to obtain acknowledgment in person and it was stated to you by Mr/Ms…………………..designation…………………..dept………….Name of company…………….address………..
that the FNF statement and FNF wages shall not be paid and relieving letter signifying proper relieving shall not be issued and supplied to you. And No notice/communication to this effect has been issued and supplied to you.
>> The day for payment of FNF wages is last day in office or in next 2 days or max. the usual pay day.
The fixation of wage period, time of payment, deduction of wages is well explained in Payment of Wages Act, Shops and Commercial Establishments Act, Statue……………..
You may go thru: Payment of Wages Act Sec: 2 { 3*[(vi) (d)} , 4, 5, 7,
(Name of your state) Shops and Commercial Establishments Act,
Standing Orders of the company (Certified/Model) extended to your designation.
The service certificate is to be issued to all employees.
Model Standing Orders:
13. Termination of employment:(3) Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.
16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.
Standing Orders are applicable to insurance companies.
Since you are no more an employee of the company the company can not issue any show cause notice now and it is resorting to tactics.
>> Declinature and refusal to attest PF forms is cognizable offence. The designated HR person is duty bound to attest the PF forms and submit in concerned PF office in 5 days and is duty bound to supply the acknowledgment issued by PF office (for you) to you. Whenever you submit PF forms you may attach a covering letter and demand the acknowledgment by redg. post only and affirm that if company demands I writing you are willing to supply the postage prepaid self addressed envelope for sending the redg. post to you.
It is always better to keep the PF account regular form min 10Y and be eligible for pension, and there are many other benefits too.
If you have decided to transfer the PF a/c to new employer you need not to go to previous employer and can submit the PF forms to new employer. The current employer shall send the forms. Here again the previous can not decline or delay to attest the PF forms. You need to keep proof of submission to current employer by you and by current employer to previous employer.
In case the previous employer sows tantrums you can lodge complaint thru RPFC in nearest PF office (in writing under acknowledgment).
After separation if you are unemployed for 2 months you can withdraw PF.
>> Did the company provide ESIC?
The wage ceiling for ESIC was Rs.15000/pm
>> It is felt that the HR has not made a statement to you for fun sake only. They have got some issue in you to show their presence and achieve some reward from company.
If your approach is not proper you may loose while they shall get medal for their work.
Without wasting time you may show the job advertisement, job application, interview call letter, selection letter, offer letter, appointment letter, Bond, standing orders applicable to the company, resignation, and any other communication that you may have to a lawyer specializing in labor/service matters and proceed under the expert advice of your lawyer. The lawyer that has seen all of your docs and has analyzed your inputs in person can advice you the best.
>> If the good offices also do not provide any relief you have the option of issuing legal notice and approach:
Lawyer/law firm: Legal notice helps to drill sense into the heads.
Trade Unions, Inspector under Payment of Wages Act (applicable to all employees drawing wages as per def of wages in the Act up to Rs.18000/pm), Inspector under Shops and Commercial establishments Act, o/o Labor commissioner, RPFC, jurisdictional ESIC office, civil court……………..
