I have been terminated on grounds of misconduct under the workman rule of the company before 6 years, but till date have not received my final dues from the company. During my tenure with the company, the long-term settlement process was under negotiation, but after my termination, final settlement was concluded with the Employee Union and officially declared.
Legally, is it possible and am I eligible to receive my dues, including leaves, salary, PF, and settlement arrears from the Government company? What should I do to get this resolved? Please suggest or email me at amrut_j_prajapati@yahoo.com.
From United Arab Emirates, undefined
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Legally, is it possible and am I eligible to receive my dues, including leaves, salary, PF, and settlement arrears from the Government company? What should I do to get this resolved? Please suggest or email me at amrut_j_prajapati@yahoo.com.
From United Arab Emirates, undefined
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We do not know the background of the reason for termination. Without that reason, we may not be able to provide you the proper answer. But anyway, if you were a permanent employee, you can seek relief from the labor department. Write a petition with all supporting documents and submit to the local jurisdiction labor officer to inform the employer to pay the settlement dues.
Or go and meet the office bearers of the union and request them to push the management to clear the dues in a week, as your family is suffering financially. Also, inform them that if there is no response from them, you are forced to approach the labor department to get relief.
From India, Chennai
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153Or go and meet the office bearers of the union and request them to push the management to clear the dues in a week, as your family is suffering financially. Also, inform them that if there is no response from them, you are forced to approach the labor department to get relief.
From India, Chennai
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PF balance cannot be withheld even for termination cases. Now unless we know what was the offence for which termination was awarded,full answer will be difficult.
From India, Pune
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From India, Pune
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Dear,
Yes, the company is liable to settle your full and final payment. If they deny to do so, you can go to the labor court. You can claim your EPF withdrawal through the company or directly from the PF department. If the company denies processing your PF claim, you can also contact the PF department directly.
Please communicate with your previous company's HR or manager and request them to complete your Full and Final settlement. Let's see how they respond to your request. Also, inform them that you will pursue legal action in the labor court if they fail to settle your dues.
Best Regards
From India, New Delhi
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Yes, the company is liable to settle your full and final payment. If they deny to do so, you can go to the labor court. You can claim your EPF withdrawal through the company or directly from the PF department. If the company denies processing your PF claim, you can also contact the PF department directly.
Please communicate with your previous company's HR or manager and request them to complete your Full and Final settlement. Let's see how they respond to your request. Also, inform them that you will pursue legal action in the labor court if they fail to settle your dues.
Best Regards
From India, New Delhi
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Thank you all for sparing your precious time and help. Most of you would like to know the case. I would like to discuss the case with you.
I have received employment from the Gulf. However, due to security reasons and the threat of uncertainty, I had not resigned from my current company to join the new employment. Meanwhile, I had applied for leave for LTC reasons and claimed to the company to show that I was on LTC for that year.
Upon being satisfied with my Gulf employer, I submitted my resignation through my friend to the management. However, the management did not accept my resignation and asked me to submit it personally, which I was unable to do.
During my visit to India after 2 months, I visited the company and tendered my resignation. The settlement process was underway, and the account department had also prepared the final statement. I agreed to pay back my LTC claim to the company. However, the finance department sought clearance from HR, and HR was informed by the Vigilance department about the situation. The Vigilance officer took a copy of my passport to check the travel details and visa, which was a big mistake on my part. I innocently provided all the documents to clarify the situation.
After the involvement of Vigilance, a misconduct case was filed, and all processes were stopped. A charge sheet was filed, but I did not respond, leading to my termination based on the misconduct described above.
During my 4 years of duty, there were outstanding dues for long-term settlement and ad hoc payments. After I left, the final settlement was done with the union, but the final settlement is still pending, and I have not received any benefits from the long-term settlement as well.
Now, please tell me what the solution should be and how I can proceed. I hope the case is now fully clear. Additionally, the company is a central government company.
From United Arab Emirates, undefined
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I have received employment from the Gulf. However, due to security reasons and the threat of uncertainty, I had not resigned from my current company to join the new employment. Meanwhile, I had applied for leave for LTC reasons and claimed to the company to show that I was on LTC for that year.
Upon being satisfied with my Gulf employer, I submitted my resignation through my friend to the management. However, the management did not accept my resignation and asked me to submit it personally, which I was unable to do.
During my visit to India after 2 months, I visited the company and tendered my resignation. The settlement process was underway, and the account department had also prepared the final statement. I agreed to pay back my LTC claim to the company. However, the finance department sought clearance from HR, and HR was informed by the Vigilance department about the situation. The Vigilance officer took a copy of my passport to check the travel details and visa, which was a big mistake on my part. I innocently provided all the documents to clarify the situation.
After the involvement of Vigilance, a misconduct case was filed, and all processes were stopped. A charge sheet was filed, but I did not respond, leading to my termination based on the misconduct described above.
During my 4 years of duty, there were outstanding dues for long-term settlement and ad hoc payments. After I left, the final settlement was done with the union, but the final settlement is still pending, and I have not received any benefits from the long-term settlement as well.
Now, please tell me what the solution should be and how I can proceed. I hope the case is now fully clear. Additionally, the company is a central government company.
From United Arab Emirates, undefined
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I would suggest focusing on the present employment and forgetting about long-term settlement. It may be difficult to go through the settlement process due to the laws involved. Considering you are in the Gulf, visiting courts in India frequently may not be feasible for you. Additionally, there is a possibility that your current employer could become aware of these issues.
It is advisable to weigh the pros and cons of pursuing settlement benefits versus the potential implications for your current employment in the Gulf. When it comes to PF (Provident Fund), there is a specific procedure to access the funds without needing the involvement of your employer. You may want to consider directly interacting with the EPF (Employees' Provident Fund) for further guidance.
From India, Pune
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It is advisable to weigh the pros and cons of pursuing settlement benefits versus the potential implications for your current employment in the Gulf. When it comes to PF (Provident Fund), there is a specific procedure to access the funds without needing the involvement of your employer. You may want to consider directly interacting with the EPF (Employees' Provident Fund) for further guidance.
From India, Pune
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Dear AMRUT PRAJAPATI,
The reasons you have provided for seeking alternative employment under the guise of utilizing L.T.C offered by your previous employer in good faith are implausible, unjustifiable, and unethical. Furthermore, it has come to light that you failed to disclose this information when you submitted your subsequent resignation, and you disregarded the disciplinary actions taken before your formal termination. Given these circumstances, what kind of final settlement are you anticipating at this point? Any financial benefits from a long-term settlement can only be retroactive if specified in the settlement agreement. Typically, arrears are paid to employees who are still in service at the time of the settlement's signing. Therefore, Mr. Nathrao's suggestion appears to be appropriate considering the circumstances that led to your termination from employment at the Central Govt. Undertaking.
Please let me know if you need any further clarification or assistance.
Kind regards,
[Your Name]
From India, Salem
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The reasons you have provided for seeking alternative employment under the guise of utilizing L.T.C offered by your previous employer in good faith are implausible, unjustifiable, and unethical. Furthermore, it has come to light that you failed to disclose this information when you submitted your subsequent resignation, and you disregarded the disciplinary actions taken before your formal termination. Given these circumstances, what kind of final settlement are you anticipating at this point? Any financial benefits from a long-term settlement can only be retroactive if specified in the settlement agreement. Typically, arrears are paid to employees who are still in service at the time of the settlement's signing. Therefore, Mr. Nathrao's suggestion appears to be appropriate considering the circumstances that led to your termination from employment at the Central Govt. Undertaking.
Please let me know if you need any further clarification or assistance.
Kind regards,
[Your Name]
From India, Salem
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