You have posted that:
-----“in such case the employee cannot take up any job anywhere till the decision/ judgement is announced in his/her case. Is that true ?’
It is not true.
While the matter is being decided the employee may be asked if he has been gainfully employed during the period.
------“I was not well & intimated that I would not be able to join duties for a month, but due to health issues still I could not attend duties’
Did you apply for sick leave and submit medical certificate advising rest and did you apply for extension of sick leave with proper medical certificate?
The company might have stated in appointment letter, HR policy, severance policy that employment can be terminated in case of prolonged sickness.
The termination during sickness may prove to be a bad order.
------‘In the meantime my employer terminated my services & sent an email stating that they have sent correspondence to my residence but I have not received any of them.”
Who has signed the email? Appointing authority, MD or a simple HR executive?
Is this person empowered by board of the company to sign, pass, and send termination order?
Did the company serve any communication as pre cursor to termination?
Did you demand to supply the proof of dispatch, delivery of the correspondence sent by company at your address?
-----‘I had some due amount to be paid to my employer and I returned them by way of cheque, in email they confirm that there is no due to company, ‘
Did the company supply the FNF statement showing amounts payable by company to you and amounts payable by company to you and thus arriving at net amounts payable by you to company and did you tender cheque as per FNF statement supplied to you?
-----“they are denying stating that termination cases they will not issue any letter,”
Ho has stated it? Is it verbal or is it in writing?
Did you demand that he should supply in writing under which law or which rule he has stated it?
Even if it is some stupid internal employer’s policy for him (not you) he has to quote it.
If he is executing unlawful, illegal, unfair, arbitrary policy of the employer he is equally responsible and offender.
-------Every employee is entitled to get service certificate, relieving letter.
Did the employer disburse the last month earned wages.
If not then it might have defaulted on PF,ESIC, Insurance, Gratuity contribution etc ...................... TDS, also.
Model Standing Orders:
13. Termination of employment.- (2) No ....................... probationer................. shall be entitled to any notice or pay in lieu thereof
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.
17. Liability of 17[employer].--The [1][employer] of the establishment shall personally be held responsible for the proper and faithful observance of the standing orders.
Instead of remaining entangled in conversations with HR and others raise your demands in writing under proper acknowledgment by redg. post preferably to appointing authority, MD, Chairman and may narrate the representations made so far.................... (mention dates, phone numbers, dates, names and brief minutes of discussion)
Demand that good offices should supply by redg. post only so as to reach you in next say...................7 days: acknowledgment of having received resignation, acceptance of resignation, the original and correct FNF statement as hard copy under seal and signature by hand of the competent employee for verification and acceptance by you, Form 16 as per correct FNF statement, payment of earned wages and FNF dues by bank DD only, service certificate, relieving letter, NOC/NDC, PF number/account slips of entire period of service, ESIC card, Insurance card, salary slip of last month and all month’s of service, etc.................
Employee can approach:
-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, this Head, appointing authority, CEO, Chairman, MD in list of noticees............
Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................
Your lawyer may ask you a set of structured questions and may opine that you are covered.
If you are not covered then for the notice period/pay you may have to refer to job advertisement, offer letter, appointment letter, service rules, service conditions, service codes and regulations etc ...........................
-Trade Unions/ Employees Unions: They know precise ways to handle such issues
-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 ( name of your state) Shops and Commercial Establishments Act;
-o/o Labor commissioner
-RPFC in nearest PF office
Inspector ESIC in jurisdictional ESIC office
-IT)-TDS where employee files ITR and jurisdictional CIT-TDS where employer files ITR
-Civil Court.
The wage ceiling for ESIC was Rs.15000/pm ( being revised to Rs.25000/pm) and the employer has option to contribute PF up to wages Rs.6500/pm.
There are threads to suggest that employees have been contemplating to lodge criminal complaints u/s 406, 420................................for criminal breach of trust.....................................and your lawyer may opine that name of Boss can be included in list of notices.
You may fine tune your representations as suitable to you.
The lawyer that has seen all of your docs can advice you the best on remedies.
