Regarding legal termination
1 month ago
As my health was not sound enough when i joined a company, in line when i asked or told to initiate quitting process, I was told to serve 3 months but the offer letter didn't mention any such as for trainees and primarily - i joined as a trainee. As 2 months i proceeded, i couldn't able to continue and was strong that my health over job so i asked them if i could resign. And in that process I was easily threatened, one of them treated me disrespectfully. after hours of waiting they asked us initially to pay then they again told "you need not pay or compensate for the 3 months remaining" - while all this was in the process my 2nd month salary was frozen. they promised that they will give me salary within weeks but its been 3 months since this happened and they didn't oblige. Secondly, now that I'm well and to search for a job if i proceed after three months, they mailed me "we can't help you with BGV".
My doubt is, I have such an academic records as i got AIR 21 in CMA - I feel like my dream has been shattered. Is there any way possible that i can have my Dream to progress?
The Labour Laws and other quasi-judicial laws govern the relationship between an employer and an employee. A Probationer/trainee is not treated as an employee in the permanent role of the Company, so standing rules or regulations do not apply to the probationer/trainee to regulate or resolve the dispute between a probationer and an employer. Moreover, in the absence of a specific stipulation in the appointment letter about the notice period required for resignation, the company cannot force a trainee who tendered his resignation on the grounds of adverse health conditions to serve a three-month notice period or pay in lieu of said notice. So, the action of the Company giving a threat of damaging career under BGV, prima facie, amounted to victimization and unfair labour practices. Although you are not a workman under I D Act, still you can approach the concerned Labour Commissioner of the State Govt. for redressal of your grievance against the unfair labour practice of the Company. Further, a background verification(BGV) check is a process many organizations carry out in order to verify the information provided by the candidate during hiring. Verification of EPFO records through UAN is a critical process for conducting employee background checks because it allows employers to confirm that their employees are not using false or stolen identities to gain employment. . A joint declaration form is used to correct Provident Fund (PF) member details. It is a combined form that the employee and employer jointly sign and submit to the regional PF commissioner to update the wrong information entered in the employees’ PF accounts. So, it is the duty cast on the employer to rectify the anomaly in the PF records that affected the employee's record. An individual can file a complaint using the EPF i-Grievance Management System (www. https://epfigms.gov.in/). Once you succeed in wiping out the stigma of dual employment from your EPF records with the cooperation of your previous and present employer, your scope of employment with other companies will be restored with clean employment records.
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
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