not.completed FNFand PF
Shivnarayan Singh
(Querist) 02 October 2015
This query is : Resolved
Sir,
I am working in Enviroway bioscience Pvt ltd,as Sr.technical executive,
And I was in Rajasthan at company's client site for troubleshoot the problem related environment till 6 days in last week of June,2015 at that time I was getting food poisoning due extra spicy diet and work.
And I inform my immediate senior about all this they guide me that u may leave and I was informed my company about taking immediate leave,
And due to this reason they send me termination letter with the reason that is your business development performance is not better,but that time I am not in BD team last 4 month,I focus only technical problems at site.
But I don't have problem about termination because due their management system I was taken leave from 1-5th July 2015,and they had mailed about termination on 3rd July that your service end up from 1st July.How they do like this.
But I am not worrying about that.
And till not HR is jot picking my phon about full and final, when I was gone to office HR count me hr policy that after 45 day I ll be done but still it is not completed.and this HR do like this many of the ex employees who resign from company through proper notice,they do like this act,hold all FNF.
So sir please guide me about this
If any one help me out my family condition not in good at this time.
Can any one give me contact no.for help.
Mob.no.-9457466801
SHIVNARAYAN SINGH RANA
Shivnarayan Singh
(Querist) 02 October 2015
Even i have sent it many mails and reminder but still it is pending.So Please any one help me out how to tackle this condition,
Kumar Doab
(Expert) 03 October 2015
Do you have copy of sick leave application,proof of dispatch of sick leave application and proof its delivery?
Do you have doctors Rx and Medical Certificate confirming sickness, suspected food poisoning, etc and advising rest?
If yes you must write to the person that has signed the termination order, and person that has signed the appointment letter, and MD,Chairman that you were unwell/feeling indisposed and duly informed Mr/Ms..............designation on dated....................by phone/email/SMS letter etc and submitted sick leave application on dated..................and attach the copies.......................and request to withdraw the termination order.
You must write your innocence and keep copy and POD, for future.
Termination during sickness is a bad order.
In case of termination the FnF payouts should ideally be paid on the date of termination, alongwith service certificate.
The day for payment of earned FnF wages is max. the usual pay day.
Once you have submitted the explanation and request to withdraw the termination order you may demand salary slip of last month (all months rather) and payment of salary.......................
Usually companies agree for say 80% of FnF dues immediately.................
You may approach your employee's/trade unions leaders, labor Law Consultant................and
Inspector appointed under Shops and Estabs Act , if it is covered by the Act and if you are covered by the def. of 'Employee' in the Act
Payment of Wages Act , if your wages are upto Rs.18000/pm as per def. of wages in the Act
O/o labor Commissioner if you are covered by the def. of 'Workman' as in the ID Act
Civil Court etc............
K.S.Srinivas
(Expert) 03 October 2015
Termination order is bad in law when the employee is on sick leave.
Consult the lawyer and file a petition in the court for reddressal.
Rajendra K Goyal
(Expert) 04 October 2015
Agree with the advise from expert Kumar Doab.
