1) i “Can the company deny an employer the relieving certificate?
NO.
The employer is sitting on relieving letter to coerce and force the employees to accept his terms of settlement. If employees join hands the attempts of the employer to con the employees can be thwarted.
2) He legally worked there for 3.5 years and now he doesn't have anything to prove that.”
He has the salary slip, Bank details where the company deposited salary, Pf account details with the company, appointment letter and all the other details.
3}Is there any law opposes this?
In a given situation employee can invoke the clauses of Payment of Wages Act, SE Act, Factory Act,and ID Act as per explanation of employee under these Enactments or approach civil court. If required all affected employees mat approach a competent and experienced service lawyer. This shall lower the expenses also.
4} How could it be taken further and what are the proper steps to take?
When was this verbal order of termination passed? All employees should represent to good offices by letter thru redg. post followed up by email and mention that Mr/Ms………designation, department, address { In all probabilities these personnel are not authorized to terminate. Employee should always record audio/visual such transactions. If all employees agree to be witness to each other this shall be good} on dated forced employees to get out to of the office and stated verbally that their services stand terminated with immediate effect and no one should come to office from that moment onwards, and if anyone comes to office they/security staff shall push them out of office and criminal cases of trespassing shall be registered against them. The affected employees may lodge a complaint with police against these personnel and local trade union, IC, and O/o Labor Commissioner, Inspector Under SE Act……..
The action of the company is unlawful, illegal and against the provisions of law and such promoters and line management, HR are not fit to be left to loose around in civilized society.
The action of the company is breach of appointment letter issued to employees also.
You may write all of your grievances to good offices by letter thru redg. post and mention that you are attaching a postage prepaid self addressed envelope as purchased from post offices for the sending the reply, and demand to let the employees attend office.
It is important to submit written representation as such unscrupulous employers may resort to tactics e.g. declaring the employees absconding and deny notice pay etc citing some rules/policies which are never supplied to employees.
In case company has incurred losses and is filing to close the company it has to notify the labor office and issue notice to all employees in writing.
There may be employees who are eligible for gratuity.
3. Notice of opening, change or closure of the establishment.-
(3) Where an employer intends to close down the business he shall submit a notice in Form C to the controlling authority of the area at least sixty days before the intended closure.
4. Display of notice.-(1) The employer shall display conspicuously a notice at or near the main entrance of the establishment in bold letters in English and in a language understood by the majority of the employees specifying the name of officer with designation authorised by the employer to receive on his behalf notices under the Act or the rules.
(2) A fresh notice shall be displayed immediately after the notice referred to in sub-rule (1) becomes illegible or requires a change.
Rules of payment of Gratuity, SE Act Tamilnadu are enclosed.However you obtain the latest copies from labor website/labor office/market;
www.labour.tn.gov.in
https://www.tn.gov.in/departments/labour.html
Labour Commissionerate
DMS Complex,
Teynampet, Chennai 600 006
(PBX No. 24321438)
https://www.tn.gov.in/telephone/hod/hodPage168.html
