Is it an IT company?
What is the designation as in appointment letter issued to you?
If the candidate is appointed as ‘Consultant’ then probably the reason might be that company does not want to create an employer-employee relationship.
You must be aware you were appointed as an employee or as a consultant, and company issued you appointment letter or contract or agreement of service?
Has the company been deducting PF, ESIC and did it provide group insurance…….?
However the job advertisement, interview call letter, selection letter, offer letter, appointment letter should be carefully gone thru .
If it is agreeable to you, then you may attach the copy in this thread. However you may erase the names etc before you attach the copy.
If it is a consulting firm then it might have registered under ‘Karnataka Shops and Commercial Establishments Act’ and being a consulting firm it might have assigned the designation of ‘Consultant’ to all employees. The registration certificate should be displayed at a conspicuous place/notice board.
The company should provide service certificate to all employees and to you as well if you were also an employee.
It has nothing to do with whether you have served the notice period or not.
For the notice period applicable in your case job advertisement, offer letter, appointment letter, standing orders/model standing orders may be looked into.
Were you under probation period or your employment was confirmed in writing?
Ideally in case of an employee notice period during probation period should be NIL as employee has no lien on post and employer is testing the suitability of employee for permanent absorption.
If standing were applicable to company it should displayed at a conspicuous place/notice board and certified copy should be supplied to employee against a nominal charge sayRs.10/-. You may demand the copy from HR.
Model Standing Orders:
13. Termination of employment: (2) No temporary workman whether monthly-rated, weekly-rated or piece-rated and no probationer or badli shall be entitled to any notice or pay in lieu thereof if his services are terminated………..
16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.
17. Liability of 17[employer]
18. Exhibition of standing orders
‘Karnataka Shops and Commercial Establishments Act’: 39: Notice of Dismissal ………
All of thee enactments should be available at the website of Dept. of labor of Karnataka
