COO of the company has affirmed that appointment letter shall be issued.
Appointment letter, salary slip should be issued. SE Act Haryana is enclosed. This is a bad practice and default by company. Company should have displayed the registration certificate at the main entrance, and you can check its registered under shops or commercial establishments and then see the rules under SE Act.
Appointment letter with detailed terms and conditions in writing has not been issued to you and thus no terms and conditions have been accepted by you. If company adjusts notice pay in FNF statement due to abrupt resignation submitted by you {forced resignation as per you} you can decline to accept notice period/pay.
Forced resignation can be deemed termination. It is felt that you have not submitted any representation in writing under acknowledgment to good offices of company including appointing authority, MD, CEO, Chairman, Company Secretary lodging a complaint that you were dictated to write your own resignation and resignation by force was extracted from you in premises of the company by Mr/Ms………..on dated……….and same should be returned to you in original and should not be processed, and you are withdrawing the same. The onus of providing the proof n evidence shall be on you. The employee should always record {audio/visual} transactions. The reporting manager/HR might have extracted the resignation with immediate effect as per orders of his masters and to apply notice pay and thus square off the dues in FNF statement.
Did you retain a copy of the resignation? If no you can mention that your signatures were extracted by force and no copy of the resignation was allowed to be taken by you.
You can request the good offices to allow you to examine your personnel file maintained at HO.
What legal action you wish to take?
If you want the FNF statement/settlement without any notice pay adjustment then you may peruse for the same and demand relieving letter, work experience/service certificate,Form16, PF number, PF account slip, NOC/NDC etc…and attested copies of PF withdrawal/transfer forms{ to be submitted by you} for submission by you to o/o PF Commissioner.
In a given situation employee can invoke the provisions of ID Act, IESO Act, Payment of Wages Act, SE Act as per explanation of employee under the provisions of these enactments or approach civil court.
SE Act Haryana:
18. REALISATION OF COMPENSATION.-
(1) In case of contravention of the provisions of Section 16, if a 44[Judicial
Magistrate] is satisfied that the employee has not been paid his due
wages, he shall direct the employer to pay the wages along with
compensation not exceeding eight times the amount of wages
withheld.
20. RECORDS.-
(2) The employer of every establishment, about the business of which
persons are employed, shall in the prescribed form and manner, keep
a record of the working hours, rest intervals and the amount of leave
taken by every person employed about the business of an
establishment and particulars of all overtime employment shall be
separately entered in the record. 48[-]
22. NOTICE OF REMOVAL.-
(1) No employee shall be removed from service unless and until one
month’s previous notice or pay in lieu thereof has been given to him.
23. NOTICE BY EMPLOYEE.-
(1) No employee, who has been in the service of the employer
continuously for a period of three months, shall terminate his
employment unless he has given to his employer 53[thirty] days’
THE PUNJAB SHOPS AND COMMERCIAL
THE PUNJAB SHOPS AND COMMERCIAL
ESTABLISHMENTS RULES, 1958
5. MAINTENANCE OF REGISTERS.-
The employer of every establishment about the business of which
persons are employed shall maintain the following registers, namely:-
(1) a register of employees in Form C ;
(2) a register of wages of employees in Form D; and
(3) a register of deductions in Form E.
8. PAYMENT OF OVERTIME. -
The payment in respect of overtime shall be made by the employer to
an employee on the next pay day under Section 16 of the Act.
6. Complaint Mechanism:
Whether or not such conduct constitutes an offence under law or a
breach of the service rules, an appropriate complaint mechanism
should be created in the employer's organization for redress of the
