1) Employment illegal discharge (termination) -- Letter of appointment says terminable, but discharge letter says "discharged" instead of termination. -- Discharge letter dated 11-Aug-2022 says last working day is 10-Aug-202 anti dated as yesterday -- Salary in lieu of notice not paid on discharge day i.e. 10-Aug-2022 or 11-Aug-2022 (Discharge letter dated) -- Salary in lieu of 2 months notice was paid on 01.09.2022 and only some of the salary components about 60% of gross paid -- looking to prove discharge is illegal because there is no discharge clause in appointment letter however termination clause is there with 2 months notice pay 2) for the above requesting citations, references, orders on -- notice pay to be paid on termination - last working day for managers. (not for waged or labour employees). -- Discharge (not agreed) is different from termination (agreed) -- partial notice pay paid after 20 days of last working day -- Anti dated says 10-Aug-2022 is the LWD while discharge letter is date 11-Aug-2022 Looking for citations on the above
Dear Sir, If it is anti date there will be no problem. ================================== PF PROVIDENT FUND How to solve the two UAN problem? Note that each person should have only one UAN number (like PAN), hence if you have multiple UAN, it’s not allowed and creates problem in the EPF system, because is no proper track. Hence, as soon as you come to know that there are multiple UAN assigned to you, you should cancel one of the UAN (mostly the old UAN) or should try to deactivate one of them Process to deactivate old UAN Step #1 – The first step if that you should start the EPF transfer for all the EPF’s which are not under the latest UAN generated. This can be done using the OTCP portal of EPFO . I am not going in details here, but first you need to make sure all the old EPF’s are transferred and linked to the new UAN. Step #2 – In the next step, the EPFO system will automatically identify those UAN for which the EPF transfers have happened and completed. Once they find the idle UAN, they will automatically deactivate that UAN. You don’t have to do anything here. This deactivation process will take place from time to time as per decision taken by EPFO. Once the deactivation happens, your old member id (your old EPF accounts) will be linked to new UAN. If you are already sure that your past UAN does not have the EPF linked to them, then you can mail your old UAN number along with recent UAN to your employer and to uanepf@epfindia.gov.in . They will verify your UAN’s status and deactivate the old UAN.
Dear Client, If an employer opts for payment in lieu of notice, it generally needs to be paid on or before the last working day. Delays in payment could be considered a breach of contract. The payment of only 60% of your gross salary as notice pay further complicates the employer's compliance with the contract. Anti-dating the discharge letter could be used to challenge the legality of the discharge. Anti-dating is often viewed negatively by courts as it raises questions about the intent and good faith of the employer. You can send a legal notice to your employer challenging the legality of your discharge, citing the improper use of the term "discharge," the delay in payment of notice pay, and the partial payment. You can also approach the Labour Commissioner or a court, depending on your situation. Hope this answer help you
