• Wrongly terminated

Hi, I joined a electronics manufacturing company on 21st December, after reporting on that date, I came to know that there is shift related issue, over working hours, accommodation issue. The settlement is in remote area of chennai. So I informed the HR that I don't want to continue. HR asked me to send an email, and I sent him the resignation mail and left the place. They haven't replied to my resignation mail. After 20 days I received an termination letter from them stating that I have worked there for 10 days and then absconded without informing them. After that I joined a new company and there I found that that previous company has created my pf account. So the company name is showing under pf service history. They have also contributed one day of pf wage there. So I mailed them multiple times even begged for any kind of relieving or no due certificate or clearance letter, also I confronted them saying that, I have already sent them resignation mail, still how can they tag me as an absconder. As a result they have updated pf exit date same as pf entry date, that is 21st December. Also I haven't signed the appointment letter which has all the contract details. As per me they can't terminate me as I haven't agreed to their terms and conditions. Currently all the companies are doing bgv Based on pf service history, so I'm im feared of failed bgv although I'm an innocent. Could someone please help me here.
Asked 9 months ago in Labour

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16 Answers

You can challenge illegal termination in court

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

Complain against company to labour commissioner for wrongful termination 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

Settle the dispute out of Court. You can get an order from Court but it will take years and your name in market will be spoiled. If you want to approach you can file a suit in Civil Court seeking direction to employer. Labour Commissioner has no jurisdiction to accept your case as your not a "workman" within the definition of I.D. Act.

Ravi Shinde
Advocate, Hyderabad
5121 Answers
42 Consultations

You have to take legal proceedings to set aside termination order 

 

contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

In the absence of accepting the employment by signing the employment offer letter, there is no question of terminating your services.

Though you reported for appointment since you have not accepted the employment, the company's act of terminating your employment is unlawful and illegal;

When you have already intimated them about your unwillingness to joint them, then they cannot declare you absconder as well as the PF id created is also an illegal act.

Therefore you may first issue a legal notice demanding the company to set aside their illegal termination a well as to reverse the PF data created on your name failing which you can proceed to court of law for proper remedy and relief.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

You can approach an advocate in the local having expertise in this field and first issue a legal notice strongly which will bring the company to a compromise situation

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

If you want a legal solution to permanently solve this problem then you may have to approach the employer and get it solved amicably otherwise you may have to adopt legal options to solve it instead of worrying over it forever without looking for a solution

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

You are right, it is easy to advise legal notice but consequences will be faced by you giving work to legal professional at the cost your record. You need to approach directly. Going through some third party will be taken by the employer as an attempt intimidation. Approach tactfully, find out if any senior employee is in your friend circle, take help from him. Any assistant from lawyer will land you in legal tangle. 

Ravi Shinde
Advocate, Hyderabad
5121 Answers
42 Consultations

If they are refusing to accede to your reasonable requests take legal proceedings against company 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

If you don’t take legal proceedings company will not take  any action 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

You will not get any relief by adopting such acts.

You may have to issue a legal notice and pursue the matter through a lawyer if you want any relief.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

If you are scared of future employers then don’t go against management Legally

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

- As per law, an employer can terminate its employee , if found guilty of willful insubordination or disobedience; theft, fraud, or dishonesty; willful damage to or loss of employer’s goods; partaking of bribes or any illegal gratification; absence without leave for more than 10 days; habitual late attendance; disorderly behavior during working hours; or habitual negligence of work.

- Further, an employer cannot terminate an employee without giving the employee at least 30 days of notice or a salary in lieu of such notice. 

- Since, you have already resigned then the said company has no right to terminate you without a valid reason 

- Further, the said company is bound to issue a Relieving letter to you. 

- You can send a legal notice for getting the same if the company refused .

Mohammed Shahzad
Advocate, Delhi
15796 Answers
242 Consultations


Steps to Resolve the Wrongful Termination & PF Issue


1. Document Everything

  • Keep copies of your resignation email, the termination letter, and any other communication with the HR team.
  • Save screenshots of your PF service history and any updates made by the company.


2. Send a Formal Legal Notice

  • Since they are ignoring emails and calls, send a legal notice demanding:

    • A correct relieving letter or at least a No Due Certificate (NDC).
    • A correction in PF records (mentioning that you resigned and did not abscond).
    • That they refrain from giving negative feedback to future employers.

  • You can consult a labour lawyer to draft a strong notice.


3. File a Complaint with the EPFO (Employees’ Provident Fund Organization)

  • Since they incorrectly updated your PF records, you can raise a grievance on the EPFO portal (https://epfigms.gov.in/).
  • Provide proof that you resigned and didn’t work beyond your joining date.
  • Request them to remove the wrongful employment period or correct exit details.


4. Prevent Negative Impact on BGV (Background Verification)

  • If a new employer questions your PF service history, explain the issue proactively and show them:

    • Your resignation email.
    • That you never signed an appointment letter.
    • That you raised a dispute with the EPFO & HR of the previous company.


5. If Nothing Works, File a Labour Complaint

  • If they still refuse to provide a relieving letter, file a complaint with the Labour Commissioner in Chennai.
  • This can often pressure them into resolving the issue without going to court.


Final Suggestion

  • Start with a formal legal notice and EPFO complaint first.
  • Avoid unnecessary court cases unless the company refuses to cooperate.
  • Stay calm & professional—most new employers will understand your situation if you explain it clearly.







For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
2054 Answers
14 Consultations

You can approach Regional office of GPF for correction of records. 

Ravi Shinde
Advocate, Hyderabad
5121 Answers
42 Consultations

If they are not responding to your mails and phone calls, you have no option but to take the legal route.

Start by sending a legal notice. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

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