Absconding and fnf

As you have not got confirmation letter for your job after probation period. So you are still in probation period. Company asked you to serve 3 months notice, you have to abide the rule or else pay gross salary and return the ID with covering letter and proper acknowledge.

You may provide some more information.

You may stand by the offer letter/appointment letter issued to you: according to which you are in probation period!

The companies can not two communications for an employee!

Apparently it  seems that the HR and employer are playing a trick/tactics to quote from appointment letter if it issues termination order and claim notice period of 1 month, and quote from Nov Policy if employee initiates termination by resignation and claim 3 months notice period!

Are you aware of any such incidence actually happening?

Company can change the policy i.e.Nov, that was in place before your joining!

What is this company policy issued in Nov?

Is it Certified Standing Order?

Is it Service Rules and Regulations?

What is this establishment: Commercial, industrial, small enterprise?

How many employees are employed in it?

You are located in which state?

Redg. Office the company is located in which state?

What was your designation and nature of duties?

You may quote from the appointment letter and close the matter for once and all.

Since you have served for 24 days claim payment of wages!

Submit a gentle representation addressed to god offices of appointing authority, MD and narrate all representations made so far ((with dates, phone numbers, names and designation of company’s employees contacted, brief minutes of discussion), explain that you have served notice period, have not absconded and hence abscondment should be removed from service card and personnel file fore ever with written intimation to you,  and have handed over the charge in office and demand to supply you the acceptance of resignation, service certificate, relieving letter, FNF statement, FNF dues by bank DD only (thru redg. Post),Form 16 as per correct FNF statement, PF number (if applicable) etc……………………by redg. Post only. Clarify that Mr/Ms................................HR on dated.............................has demanded some retention charge without any documentary evidence,which is not applicable to you as per offer letter, appointment letter, service manual issued to you. Hence intervention of oood offices is being sought to supply all of above say within next 7 days.........................or as suitabel to you.

You  may mention that postage prepaid self addressed envelope is attached!

If good offices also do not resolve then you may approach your lawyer!

Notice period/pay is part of service conditions that are stated in enactments applicable to the establishment!

If standing orders are applicable and are not certified the Model Standing Orders shall apply. As per Model Standing Orders notice period during probation period is NIL and after confirmation it is 1 month.

Standing orders shall prevail upon any private agreement that employer ha signed with employee e.g. contract of employment, appointment letter and T&C inconsistent with standing orders shall not survive!

Notice period is also stated in Shops and Commercial Establishment of the state and it should be NIL for service period < 1 month, as in your case.

Hi Kumar,

I am sorry for the delay in replying back.

Company can change the policy i.e.Nov, that was in place before your joining!
--> They have sent offer with probation period clause which they have removed in Nov and I have received offer letter in Dec.

What is this company policy issued in Nov?
--> All the employees will be permanent from DOJ but I have received offer in Dec saying that I will be in Probation for initial 6 Months.

Is it Certified Standing Order?
--> I have read this in companies exit policy and I have downloaded a copy of it.

Is it Service Rules and Regulations?
--> I think so as it has been mentioned in the companies exit policy document.

It is a IT service based company based out of Chennai and I am located in Hyderabad I am not sure with head count may be 10k.

Hope I have given the clarification that you have asked.

Kumar I am currently holding that particular companys ID card what I would like to know from you is can I directly send them the ID card through registered post or wait for their email.

If last document containing service conditions applicable to you is received by you in Dec then you quote from it and claim you were under probation period.

The employees that are not members of employees unions, trade unions are usually not properly informed.

You may find many threads relevant e.g.;

https://www.lawyersclubindia.com/forum/Employer-not-giving-acceptance-to-the-resignation-101590.asp#.U2CQrUeBmXU

IT/ITeS employees have their unions and trade unions like CITU, AITUC, INTUC,BMS, ShivSena have embraced them e.g;

https://www.itecentre.co.in/

https://ithiworld.wikispaces.com/News+Update

IT/BPO Voice of India | Facebook

UNITES Professionals

www.unitespro.org

https://www.wbitsa.org/

www.itpfindia.org/‎

https://itnitesunion.wordpress.com/author/itnitesunion/

Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)

https://www.amrc.org.hk/node/1088         CBPOP

https://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html

https://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx

https://www.dnaindia.com/mumbai/report-shiv-sena-forms-first-union-in-information-technology-sector-1465435

IT companies are covered by Standing Orders

and shops and Commercial Establishments Act of the state.

Andhra Pradesh shops and Commercial Establishments Act should apply in your case since you are based in AP and as per Sec47: Notice period for service less than 6 month is NIL.

The Redg. Office of the company is Tamilnadu and company might have obtained certification of standing orders from Tamilnadu or Model Standing Orders shall apply.

Model Standing Orders; Sec13: Notice Period during probation period is NIL.

Your lawyer may opine that you as per your designation/nature of duties should be covered as ‘Workman’ as in ID Act, ‘Employee’ as in shops and Commercial Establishments Act. 

The employees that are not even workman, members of unions they also know how to defend their rights and do not get influenced by line managers, HR and defend their rights.

You may go thru;

https://www.lawyersclubindia.com/experts/Notice-period-of-appointment-letter-for-staff-468056.asp#.U2TPQEeBmXU

You may submit the ID card to local office where you were employed under proper acknowledgment wit seal, signature, date, and if they decline to receive it you may record it (audio/visual) and keep some witness with you.

You may demand the wages for 4 days for which you have worked in company.

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