About notice pay : As they have terminated you, they have to pay you the notice pay. If the termination is due to absconding then you have to pay the notice pay to the company.
About PF : As you have the Appointment letter and termination letter (both with date) that can be used as proof for Form 5 and Form 10. Please fill Form 10C and Form 19, attach your Pan Card Xerox copy, Bank Account Pass Book First Page, Both Appointment Letter and Termination Letter, get the forms duly attested by the Nationalised Bank Manager (in place of your office authorised Signatory). Submit the same directly to the EPFO concerned. The EPFO will further ask the details from your employer and settle the same without any delay.
31st March 2012 From India, Kumbakonam
My Appointment letter clearly states that the employer will not pay notice period pay to an employee in case of being terminated if absconding. No where does my appointment letter states that an employee has to pay notice period pay if terminated. Further my termination letter also states that my F&F will be settled in due course. The termination letter was issued by their legal cell at Bangalore and not HR (TED) Kolkata. Why did they not ask for notice period pay from me in their termination letter if that's the law of the land.
Can you please say what will happen to the last salary due? will it be also be not paid to an employee if terminated due to long unapproved leave?
How can my case be treated as absconding? I was always available on phone. Conveyed my position to my TL as well as HR (TED) who asked me to resign as my health was not ok. I had sent my resignation as desired by them by E-mail as well as by courier. They claim they did not get the courier and they did not accept my resignation by E-mail as it was without my signature. Had they conveyed this to me after getting my E-mail that my signature is required in the E-mail I would have gladly scanned the hard copy sent by courier and E-mail it again.
So, now what will u call my case as? is it a case of an employee absconding? My elementary knowledge of english says otherwise.
I would like to know the Clause / para of Industrial dispute act which states such terms of service as stated by you.
31st March 2012 From India , Calcutta