Hi,
Can anyone clarify the following issue for me?
One of my friends has been terminated (via oral communication) from his company on grounds of discipline without being given any notice. The situation is that the company suspects he was doing freelance work using company resources. The company claims to have evidence against him, but when he requested to see it, they refused to show him or consider his explanation. After a lengthy discussion, he decided to resign before receiving a termination letter. However, the employer has not responded to his resignation email.
When the employee asked for his salary and a relieving letter, he was informed that if the termination is based on discipline, the company will not provide the documents and payment, but they will release his last month's salary.
In reality, he made some mistakes unknowingly due to incorrect guidance from his team lead. The company is blaming him for misusing company resources and terminated him for that reason.
When he requested a relieving letter, they were unwilling to provide one. Without this letter, he may not be able to access his PF money, as the HR manager needs to sign Form 13.
Can anyone suggest how he can proceed in this situation to secure his final settlement, relieving letter, and PF amount?
From India, Hyderabad
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3Can anyone clarify the following issue for me?
One of my friends has been terminated (via oral communication) from his company on grounds of discipline without being given any notice. The situation is that the company suspects he was doing freelance work using company resources. The company claims to have evidence against him, but when he requested to see it, they refused to show him or consider his explanation. After a lengthy discussion, he decided to resign before receiving a termination letter. However, the employer has not responded to his resignation email.
When the employee asked for his salary and a relieving letter, he was informed that if the termination is based on discipline, the company will not provide the documents and payment, but they will release his last month's salary.
In reality, he made some mistakes unknowingly due to incorrect guidance from his team lead. The company is blaming him for misusing company resources and terminated him for that reason.
When he requested a relieving letter, they were unwilling to provide one. Without this letter, he may not be able to access his PF money, as the HR manager needs to sign Form 13.
Can anyone suggest how he can proceed in this situation to secure his final settlement, relieving letter, and PF amount?
From India, Hyderabad
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Hi,
Firstly, the employee needs to always submit the resignation letter in writing, I mean to say a handwritten 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 relieve him from his duties on a specific date by stating, "request you to please relieve from duties on ....(date) end of office hours.
In the resignation letter, it is important that he should request a confirmation of his resignation and relieving.
This will then become the obligation of the HR to respond either by 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 disciplinary action. It is just that the HR can delay the submission of the document to PF authorities. In the case of Form 13, which is towards the transfer of PF, this form needs to be submitted with the new employer, not the current employer.
In the case of PF transfer from the Regional Provident Fund Commissioner (RPFC), there is no need for authentication from the current employer, since they need to report the last date of the employee and submit the 3A form with RPFC.
Thanks
From India, Faridabad
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Firstly, the employee needs to always submit the resignation letter in writing, I mean to say a handwritten 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 relieve him from his duties on a specific date by stating, "request you to please relieve from duties on ....(date) end of office hours.
In the resignation letter, it is important that he should request a confirmation of his resignation and relieving.
This will then become the obligation of the HR to respond either by 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 disciplinary action. It is just that the HR can delay the submission of the document to PF authorities. In the case of Form 13, which is towards the transfer of PF, this form needs to be submitted with the new employer, not the current employer.
In the case of PF transfer from the Regional Provident Fund Commissioner (RPFC), there is no need for authentication from the current employer, since they need to report the last date of the employee and submit the 3A form with RPFC.
Thanks
From India, Faridabad
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Further to what Showri has said, the employer has to either accept the resignation or provide you with a termination letter. In the case of resignation acceptance, you will receive all the relevant documents. However, in the case of a termination letter, it serves as a release from service with immediate effect.
Last but not least, regarding PF, Showri has given you precise advice - no one can prevent you from transferring or withdrawing the PF.
From India, Ahmadabad
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Last but not least, regarding PF, Showri has given you precise advice - no one can prevent you from transferring or withdrawing the PF.
From India, Ahmadabad
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