Termination by employer

Sagar (Querist) 30 June 2013 This query is : Resolved
Hi one of my client have below facts please suggest me what should be the final output:
1. he was working since four year in a pvt. ltd company.
2. he resigened from his position and started serving two month notice period.
3. during notice period he fall sick and taken 10 days leavs on different dates and unfortunately he have not shown these leaves on his timesheet.
4. on 30th day of month his employer asked him verbally you have not filled time sheet properly so as per employement letter you are terminated from your service and you need not to come to office.
5. They have not paid him his 30day pay and 30 days leave encashment.

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Rajendra K Goyal (Expert) 30 June 2013
Your friend should send a notice claiming his dues from the employer as No charge sheet or termination letter was issued to him.

Sagar (Querist) 30 June 2013
dear sir can he convicted under criminal offence for not filling leave under time sheets.

Sagar (Querist) 30 June 2013
Also he have following doubts in mind:

1. wether he will get experience letter or not.
2. can employer raise action against him for not marking leaves in the system.
3. can he demand his dues from his employer.
4. what will happen to his pf.

Guest (Expert) 30 June 2013
Dear Sagar,

1) Verbal termination is no termination and is invalid.

2) The employer can take disciplinary action against the employee of he feels that the employee has committed a misconduct, as per the certified standing orders or the conduct & discipline rules.

3) Absenting is not a criminal offence. He cannot be convicted under criminal law.

4) Experience letter is meant for his service period, he has every right to get that.

5) Only salary pertaining to the period of absence can be deducted, if the absence is not treated as leave due.

6) PF is the personal property of the employee, nobody can forfeit.

prabhakar singh (Expert) 30 June 2013
Agree with Dhingra Ji!

Sagar (Querist) 30 June 2013
Dingra Sir

1. what action can be taken against employee by employers for not showing leaves in leave register.

2. how wmployee can force employer to provide service letter, employer told him he will not get service letter. But will get termination letter

Rajendra K Goyal (Expert) 30 June 2013
The record can be completed.
He should claim his due from the company.

Guest (Expert) 30 June 2013
Dear Mr. Sagar,

For your #1 query of the latest post, please refer item (2) of my earlier reply.

Employer cannot issue termination notice during the resignation notice period. Employer should issue show cause notice before taking disciplinary action for the lapse on the part of the employee. Employee can get experience certificate through court of law even by filing a case against the employer.

Raj Kumar Makkad (Expert) 01 July 2013
No more to add in the given wise replies.

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