It is as simple that either you serve 3M notice period or prepare well in advance for the eventualities without any adverse effect on you.
You shall be benefited if you keep counsel of seasoned and experienced lawyer with you.
>>>>>> This Forum is not visited by ‘Employees’ alone.
This forum is visited by ‘Employers’ ‘HR personnel’ Line Managers’ also……………..that have to face ‘Properly Informed Employees’, ‘Trade Unions’ and their “Able Lawyers”…………………..
At the time of selection in interview the candidate should and can negotiate service conditions, terms of appointment. Candidates do not negotiate or even discuss primarily because they do not know and they are afraid that they may loose the employment opportunity. Many of the conditions inserted in appointment letter/contract of employment/agreements are violative of the law of the land but still these are inserted.
Employer, bank on the fear perception, fear psychosis, of employees.
Majority of the employees do not agitate. They suffer in silence and loose.
Morale of the story is candidates should acquaint themselves with state laws, statues, trade unions, service conditions, service rules etc before they even start hunting for the job.
There is nothing wrong in joining trade union.
It is recommended that students should participate in student unions while they are students. It helps to acquire much required skills like: persuasion, persistence, reasoning, negotiation, flexibility, adaptability which are required in today’s scenario, in addition to leadership skills, group behaviors etc…………………
Employees should form their communities, Internal Councils, Guilds, unions and is part of Trade Unions of national Standing and should remain active to keep their communities and unions strong.
Trade Unions, Employee’s unions can negotiate service conditions.
There is a provision of ‘Works Committees’ ‘Grievance Redressal Mechanism’ in companies as per labor laws and employees on board and even Chairman of such committees.
Employees are a huge vote bank. Communities are a huge vote bank.
Which government can ignore a vote bank?
Employers especially in IT/ITeS/BPO/SEZ/IT park/STPI etc have been demanding and have been successful in getting certain exemptions e.g; exemption from Industrial Employment Standing Orders Act ( e.g Karnataka which was originally granted for 1Y but extended for 11Y. It has now been ended and all companies were advised to submit their draft standing orders by Dec12 for certification by Mar13. Thanks to the efforts of ‘Employees Union’) Opening and Closing time as in Shops and Establishments Act, and then freedom to submit self certified forms/formats by electronic mode, Strikes (invoking Essential Services Act) …………………………………..
In this sector Employers united to ‘NSR’ (national skill registry} and as guided by their {Employer’s} unions some of them inserted a clause in the appointment letter that employee shall have to register in NSR. The idea is to have ‘Absolutely Compliant Employees”. Later if employee does not subscribe to the tantrums of the employer and its cronies in HR, line management employer shall post adverse remarks in NSR and threat the employability.
The statue permits ‘Employment Exchange’ and recruitment thru it. Does the statue, laws of the land permit such and exchange like NSR?
The employees union have taken up the matter with NASSCHO/NSR and see what is their reply……………………..
The question arises can an employee single handedly fight such entities. The answer is Yes and No. While a determined employee may go to any lengths, all employees may not have that kind of mettle and steel in them……………………Therefore it is always better to unite.
The point is that Employers united and made the things happen to suit their interest.
While employees continue to remain blissfully in ‘Sleeping Mode’ or Silent or Ignorant or Ill Informed or Fearsome and therefore are getting exploited, harassed, victimized, vindicated……………….
It is interesting to note that ‘Employees’ feel that membership of some trade union would be something that will lower their status in the society………………………………it would be something degrading………………
Employees do not retain access to a lawyer. They have been drilled to believe that they would be branded as litigant if they consult a lawyer. It is the need of hour, to seek advice from elders in the family and also a lawyer, before doing anything and without understanding the implications.
Today’s’ generation is sharp, brilliantly intelligent; internet savvy and cam communicate and learn much faster.
The conclusion is “Employees should unite”……………………
Employees in BPO have also formed unions like “CBOP”.
You may find the attachments useful.
>>>>> -You are in which state? The HO/Redg. Office of the company is in which state?
The BPO companies are covered under Shops and establishments Act.
If the company states it is not you may refer to:
Delhi High Court
Mantec Consultant Pvt. Ltd vs State & Anr on 11 April, 2012
Look into the provisions of Shops and establishments Act of the states e.g. Delhi:
30. Notice of Dismissal: ………. (2) No employee who has put in three months’ continuous service shall terminate his employment unless he has given to his employer a notice of at least one month, in writing. In case he fails to give one month’s notice he will be released from his employment on payment of an amount equal to one month’s pay
{Implying notice period is max. 1M. The max. notice period in this enactment of all states is 1M only. The employee may claim that clause on notice period inserted in appointment letter is violative of this enactment and thus ‘Void’ to that extent.}
(b) Notice or wages in lieu thereof under section 30—When to be given?
A plain reading of section 30 of the Act would make it clear that whereas the notice of one month under sub-section (1) is for the benefit of the employee, the notice under sub- section (2) is for the benefit of the employer.
{ If the employer screams the 3M notice period is for the benefit of employee also you may highlight above}
{If the employer screams 3M notice period is equally applicable for both employer and employee you may highlight that if termination is initiated by employee the employer shall decide on acceptance of notice pay in lieu of notice period……………….
You may ask if termination is initiated by employer then does the employee also have discretion to accept notice pay in lieu of notice period or not? Implying if employer terminates with immediate effect and tenders notice pay…………………….then can employee decline and press to serve full notice period? Do you know any of the instances where company terminated employees with immediate effect and declined to allow the employee to serve the full notice period?
One month is sufficient and reasonable notice for the employer to put his house in order.
This arbitrary clause hampers your interest in securing another better opportunity when it arises.
The new employer in most cases would like the candidate to join at least in 1 month, if there is more delay they may refuse to take the candidate and he may lose the opportunity and also it is almost impossible to continue in the present job after submitting notice of resignation.
Are you aware of instances when your current employer has issued offer letter with date of joining within 1M? If yes why it does not issue joining period of 3M to incoming employees when it presses for relieving period of 3M to outgoing employees?
The point is that employee should be able to counter the tantrums of company and prove that the clauses are arbitrary, the contract of employment does not promote equitable discretion, and employee is at loss……………………This is possible if employee is properly informed. Such tantrums would be near to impossible if employees are united and are represented by trade unions.
Any policy in the larger interest and beneficial to both employer and the employee has the sanction of law as otherwise it will be easily termed as arbitrary.
It is general law that whenever there is any ambiguity in terms of contract then benefit of doubt will be given to party who don’t make the contract.}
{ Are you aware that if company has registered trade union of employees the service conditions including notice period would bee negotiated between employees and employer………………………..}
{ The Industrial Employment Standing Orders Act does not apply to factories alone………… The establishments’ can frame their draft standing orders and get these certified……..}
{The service condition stated in standing orders can not be negated to employee in appointment letter. Thus if notice period is 1M in standing orders it can not be 3M in appointment letter. The service conditions stated in standing orders shall prevail upon appointment letter.}
- Resignation can be without permission or notice.
You have posted that “They tell me that even if i stop coming, they keep me active till 90th day which will result in dual employement. “ “This will result in my Verification at the new company in RED and may loose that opportunity also. “
Such transactions should be recorded (audio/visual) in the presence of witness, and evidence be created.
This can be termed as coercion, intimidation ( Criminal?)……………
No Employer can force an Employee to complete the Notice period.
The days of bonded labor are over since long………………..
It is for the employee to complete the Notice period in order to take his full salary………………………….and if he does not he has to tender the notice pay as fixed cost or compensation/liquidated damages stated in appointment letter.
The purpose of insertion of notice pay/damages in service conditions (standing orders) and appointment letter is that: to put party whose rights have been violated in the same position, so far as money can do so, as if his rights have been observed.
If the task of the employee that has resigned are not properly handed over or due to which the Employer may suffer financial or any other loss and if the resigned employee is not interested to indemnify/compensate the employer then employer may ask resigned employee to serve notice period
-“ nobody is approving giving the approval (both Operations and HR)’
These guys are not your employer.
Represent to good offices of appointing authority, MD, CEO, Company Secretary………..
It is very imp. to draft the notice period carefully, addressed to good offices and state (invariably) the notice period/ effective date of resignation/last date in office and that all tasks have been completed as on date, nothing is pending and now onwards routine duties may be assigned which can be completed within and up to expiry of notice/effective date of resignation/last date in office and notice pay towards shortfall in notice period be adjusted in FNF statement/settlement………………………….and all concerned may be advised to complete the exit formalities handover of charge within and up to last date in office…………………
Submit the notice and final notice by redg. post.
There are other threads initiated by employees working in BPO’s e.g:
https://www.lawyersclubindia.com/forum/Bpo-s-call-centers-mnc-s-65172.asp#.UhIsZNKAqWM
https://www.lawyersclubindia.com/forum/Company-not-accepting-resignation-86219.asp#.UhItgtKAqWM
Approach a competent and experienced labor consultant/service lawyer, with copies of standing orders, service rules, appointment letter, copy of resignation,……………and any other document that you may have, give inputs in person, and proceed under the expert advice of your lawyer.
Unions for IT Sector/BPO:
https://www.itecentre.co.in/
https://ithiworld.wikispaces.com/News+Update
IT/BPO Voice of India | Facebook
CBPOP (the present UNIDOC)
https://www.itpfindia.org/
www.unitespro.org
https://www.wbitsa.org/
