HI,
can any one clarify me on the below issue.
One of my friend has been terminated(oral communication) from his company on grounds of discipline with out giving the notice ..(where the scenario is they have a doubt on the employee that he was doing some freelancing job by using company resources).Company is saying that hey have some proof against him but When he requested show them they were not showing to him not they are taking his explanation.After a long conversation, he has has decided to give a resignation before they give a termination letter.But the employer has not responded for the resignation email.
When an employee asking for his salary and relieving letter. Saying that "If termination is on basis of discipline company will not provide the documents and pay where we are at least releasing your last month salary".
In actual scenario he has done some mistakes unknowingly by wrong guidance of his team lead, by taking those mistake company has blaming him that he misused company resources for that reason they terminated him.
When is requesting for relieving letter they are not ready to provide. If you didn't get relieving he may not able to get his PF money also,because on Form 13 HR manager has to sign.
can any one suggest me how he can move in this situation to get his final settlement,relieving and PF amount.
From India, Hyderabad
3can any one clarify me on the below issue.
One of my friend has been terminated(oral communication) from his company on grounds of discipline with out giving the notice ..(where the scenario is they have a doubt on the employee that he was doing some freelancing job by using company resources).Company is saying that hey have some proof against him but When he requested show them they were not showing to him not they are taking his explanation.After a long conversation, he has has decided to give a resignation before they give a termination letter.But the employer has not responded for the resignation email.
When an employee asking for his salary and relieving letter. Saying that "If termination is on basis of discipline company will not provide the documents and pay where we are at least releasing your last month salary".
In actual scenario he has done some mistakes unknowingly by wrong guidance of his team lead, by taking those mistake company has blaming him that he misused company resources for that reason they terminated him.
When is requesting for relieving letter they are not ready to provide. If you didn't get relieving he may not able to get his PF money also,because on Form 13 HR manager has to sign.
can any one suggest me how he can move in this situation to get his final settlement,relieving and PF amount.
From India, Hyderabad
Hi...
Firstly, the employee need to always submit the resignation letter in writing, I mean to say a hand written letter or typed letter. Not through an email. The resignation letter needs to be addressed either to the HR Manager or the Managing director of the Company (through HR).
In the resignation letter, he can also request the HR to releive him from his duties on a specific date by stating, "request you to please releive from duties on ....(date) end of office hours.
In the resignation letter, it is important that he should request for a confirmation of his resignation and releiving.
This will then becomes obligation of the HR to respond either for rejecting the resignation or accepting the resignation.
As regards to the PF transfer / withdrawal, no one has the authority to stop even though the termination is due to deciplinary action. It is just that the HR can delay submission of the document to PF authorities. In case of Form 13, it is towards transfer of PF, this form needs to be submitted with the new employer and not the current employer.
In case of PF transfer from Regional provident Fund commissioner (RPFC), there is no need for an authentication from current employer, since they need to report the last date of the employee and submit 3A form with RPFC.
Thanks
From India, Faridabad
Firstly, the employee need to always submit the resignation letter in writing, I mean to say a hand written letter or typed letter. Not through an email. The resignation letter needs to be addressed either to the HR Manager or the Managing director of the Company (through HR).
In the resignation letter, he can also request the HR to releive him from his duties on a specific date by stating, "request you to please releive from duties on ....(date) end of office hours.
In the resignation letter, it is important that he should request for a confirmation of his resignation and releiving.
This will then becomes obligation of the HR to respond either for rejecting the resignation or accepting the resignation.
As regards to the PF transfer / withdrawal, no one has the authority to stop even though the termination is due to deciplinary action. It is just that the HR can delay submission of the document to PF authorities. In case of Form 13, it is towards transfer of PF, this form needs to be submitted with the new employer and not the current employer.
In case of PF transfer from Regional provident Fund commissioner (RPFC), there is no need for an authentication from current employer, since they need to report the last date of the employee and submit 3A form with RPFC.
Thanks
From India, Faridabad
Further to what Showri has told, the employer has to either accept the resignation or has to give you the termination letter. In case of resignation acceptance you will get all the relevant documents, but in case of termination letter, the termination letter itself is a releiving from the service with immediate effect.
Last but not the least with regards to PF, Showri has advised you to the point, no one can stop from transferring/withdrawing the PF
From India, Ahmadabad
Last but not the least with regards to PF, Showri has advised you to the point, no one can stop from transferring/withdrawing the PF
From India, Ahmadabad
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