Dear all,
One of my friends is in a teaching job at a private school. One day, my friend received a message from the chairman on their mobile instructing them not to go to school. Two days later, my friend received an email requesting their account details for payment to be made after 15 days. The email also requested the account details of their wife, who also works at the school. The account details included an advance payment of one month's salary for my friend and, for the wife, a notice period of the next 30 days during which she was required to attend the school. No official termination letter was provided.
Subsequently, the school made the payment to my friend's account but terminated his wife, citing a "recorded reason," after she completed the notice period. At this time, a new principal issued the termination letter.
My friend receives a monthly salary of approximately 28,000 but has not submitted Form 11 to prevent the deduction of PF. Despite this, his PF is being deducted. The school management now claims that his PF is not being deducted and that he does not have a PF account. Additionally, they are not providing payment for earned leave encashment.
I kindly request suggestions on whether he can seek legal assistance. Kindly suggest.
Acknowledge(0)
Amend(0)
One of my friends is in a teaching job at a private school. One day, my friend received a message from the chairman on their mobile instructing them not to go to school. Two days later, my friend received an email requesting their account details for payment to be made after 15 days. The email also requested the account details of their wife, who also works at the school. The account details included an advance payment of one month's salary for my friend and, for the wife, a notice period of the next 30 days during which she was required to attend the school. No official termination letter was provided.
Subsequently, the school made the payment to my friend's account but terminated his wife, citing a "recorded reason," after she completed the notice period. At this time, a new principal issued the termination letter.
My friend receives a monthly salary of approximately 28,000 but has not submitted Form 11 to prevent the deduction of PF. Despite this, his PF is being deducted. The school management now claims that his PF is not being deducted and that he does not have a PF account. Additionally, they are not providing payment for earned leave encashment.
I kindly request suggestions on whether he can seek legal assistance. Kindly suggest.
Acknowledge(0)Amend(0)
Based on the scenario described, your friend should consider seeking legal assistance to address the issues of unlawful termination, PF deduction discrepancies, and unpaid earned leave encashment. Here are some practical steps he can take:
1. Consult a Labor Law Expert: Your friend should seek advice from a legal professional specializing in labor laws to understand his rights and options under the law.
2. Gather Documentation: Collect all relevant documents such as employment contracts, salary slips, communication emails, and any other evidence related to the termination and PF deductions.
3. File a Complaint: If the school is not cooperating, your friend can file a formal complaint with the labor department or relevant authorities regarding the unfair practices.
4. Claim Unpaid Dues: Your friend has the right to claim the deducted PF amount and any other unpaid dues like earned leave encashment. The legal expert can guide on the process for claiming these amounts.
5. Follow Legal Procedures: Ensure that all actions taken are in line with the legal procedures and timelines to protect your friend's rights and interests.
6. Seek Resolution: Attempt to resolve the matter amicably through negotiation or mediation before escalating the issue further.
7. Document Everything: Keep records of all communications, meetings, and steps taken during the resolution process for future reference.
By following these steps and seeking legal advice, your friend can address the wrongful termination and PF deduction issues effectively.
From India, Gurugram
Acknowledge(0)Amend(0)
541. Consult a Labor Law Expert: Your friend should seek advice from a legal professional specializing in labor laws to understand his rights and options under the law.
2. Gather Documentation: Collect all relevant documents such as employment contracts, salary slips, communication emails, and any other evidence related to the termination and PF deductions.
3. File a Complaint: If the school is not cooperating, your friend can file a formal complaint with the labor department or relevant authorities regarding the unfair practices.
4. Claim Unpaid Dues: Your friend has the right to claim the deducted PF amount and any other unpaid dues like earned leave encashment. The legal expert can guide on the process for claiming these amounts.
5. Follow Legal Procedures: Ensure that all actions taken are in line with the legal procedures and timelines to protect your friend's rights and interests.
6. Seek Resolution: Attempt to resolve the matter amicably through negotiation or mediation before escalating the issue further.
7. Document Everything: Keep records of all communications, meetings, and steps taken during the resolution process for future reference.
By following these steps and seeking legal advice, your friend can address the wrongful termination and PF deduction issues effectively.
From India, Gurugram
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Calcu. pf Emp.eps.epf sample sheet for HR site..xls
Compliance for EPF members going abroad 20.1.2015.pdf