Sudipta Nag (Accounts) 16 August 2012

Termination without notice period

Dear Sir/Madam,

I was working in a reputed card rental company in Park Street, Kolkata since Aug2007. On last 06-Aug-2012, all of a sudden the partners treminated me without any notice period rather than I was forced to sign on the resignation letter for the sake of my last month salary and the puja bonus. It is thier common attitude to all the employees and many others had faced the same thing. Moreover its found there is a mishap of Rs. 914.00 in my PF account which has been dedcuted from my salary but not yet deposited in my PF account. Now they are not willing to give any salary certificate nor the FORM 16.

Is there any legal action to be taken to stop this TALIBAN RULING of sudden termination and claim any compensation?
What to do with the mishap in claiming PF account.

Thanks,

Sudipta

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1 Replies

Kumar Doab (FIN) 16 August 2012

Forced resignation may be viewed as deemed termination.

Employee can invoke ID Act.

Employee should have withdrawn resignation extracted by coercion, force, pressure, within office premises. Employer may adjust notice pay in case of resignation.

Statutory bonus has to be paid as per provisions of the act.

For form 16 you may approach CIT-TDS where you file IT return and jurisdictional CIT-TDS where company files IT return.

PF: You may demand PF account slip for all years of service {Period is March-Feb}. .You may lodge a complaint with RPFC with a copy to Addl CPFC, CPFC.

In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court. Companies burn extra energy to convince employee that he/she is not a workman as many of the enactments favor employee and limit the choice to employer. However designation alone does not decide employee is a workman or not.

Industrial Employment (Standing Orders) Act, 1946

Certificate of employment is to be issued.