Which establishment has appointed you and has issued the appointment letter: MNC/Vendor/Third Party?
What is this establishment that has issued appointment letter to you: Commercial or Industrial?
Has your employer issued offer letter or appointment order?
You and the establishment are in which state?
How many employees are employed in it?
What is your designation and nature of duties?
Does the company issues pay/wage slip every month, and provide for PF, ESIC, Group Insurance, Gratuity, Bonus etc...........................and does it extract work for more than 8 hrs/day and does it pay OT.
Are you under probation period or your services have been confirmed?
The notice period, notice pay in lie of notice period is part of service conditions and for service conditions appointment letter alone should not be looked into.
The standing orders applicable to the estanslihment (Certified/Model) and extended to the designation of the employee shall prevail upon any private agreement that employer might have signed with employee e.g. offer letter/appointment letter, contract of employment, service agreement etc.......................................as standing orders are statue and have statutory force.
The notice period in Model Standing Orders applicable to the probationer is NIL and confirmed employee 1 month and if
Model standing orders are applicable to the estanslihment and you are covered then this shall be the notice period applicable to you, whatever is the notice period stated in offer/appointment letter is issued to you.
You may go thru section: 13, 15 ,16 ,17 ,18...........
If standing orders are certified and have been extended to your designation then you may look into the notice period stated in these.
Notice period is also stated in Shops and Commercial Establishments Act applicable to the state....................
IN case of a dispute employee can approach :
-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, , CEO, Chairman, MD in list of noticees............
Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................
Your lawyer may ask you a set of structured questions and may opine that you are covered.
-Trade Unions/ Employees Unions: They know precise ways to handle such issues
-Inspector under Shops and Commercial Establishments Act;.............
-Civil Court.
There are many threads that you may find relevant e.g;
https://www.lawyersclubindia.com/forum/Employee-refuse-to-relieve-95177.asp#.Us61r9IW1MA
https://www.lawyersclubindia.com/forum/Need-help-in-resignation-relieving-letter-issue-94537.asp#.UsQdOtIW1MA
https://www.lawyersclubindia.com/forum/Employer-asking-me-to-give-2-months-notice-period-salary-95045.asp#.UsadJNIW1MA
https://www.lawyersclubindia.com/forum/How-to-proceed-to-receive-release-letter-f-f-settlement-94951.asp#.UsahENIW1MA
https://www.lawyersclubindia.com/experts/Standing-orders-442266.asp#.UrRicdIW1MA
https://www.lawyersclubindia.com/experts/Standing-Orders-426366.asp#.UrKmL9IW1MA
