The company has not stated the jurisdictional courts in appointment letter issued to you, it has office at your current location (after resignation) hence your lawyer may opine that you can succeed to agitate at your current location. You can also agitate at Delhi i.e. redg. office location of the company.
The standing orders may apply to the company and if these are certified you may go thru these and if these are not certified Model Standing orders may apply, you may go thru Sec13-18.
YOU MAY also DOWNLOAD THE HR POLICY/ SERVICE RULES AND REGULATIONS………………………….AS APPLICABLE ON DATE OF JOINING, AND AMNEDED THEREAFTER…………………………and go thru these as well.
The IT/ITeS companies are covered by (Name of the sate) Shops and Commercial Establishments Act of the state……………………… An Act to amend and consolidate the law relating to the regulation of hours of work, payment of wages, leave, holidays, terms of service and other conditions of work of persons employed in shops, commercial establishments, establishments……………
Notice period/pay is part of service conditions and shall apply as stated in this Act………….
You may be covered as ‘Workman’ as in ID Act, ’Employee’ as in Shops and Commercial Establishments Act.
You may also go thru:
https://www.lawyersclubindia.com/forum/Notice-period-102337.asp#.U6p58pSSwb8
Delhi Shops and Commercial Establishments Act is so employee friendly. You may go thru it and also Delhi Shops and Commercial Establishments Rules…………..:
AS per Delhi Shops and Commercial Establishments Act, too the notice period applicable is 1 month only.
1 month notice period is sufficient on all counts for the employer to put his house in order.
Sec: 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.
(a) Applicability of section 30
The protection of the provisions of the section is available to all persons who fall within the
definition of the term “employee” as given in section 2(7) of the Act and who have put in three
months’ continuous services. In the absence of any standing orders or any contract between the
employer and the contesting respondent containing any particular terms or conditions, the
conditions of service of the employee relating to his employment in an establishment at Delhi are
covered by section 30(1) of Delhi Shops and Establishments Act, 1954;
(d) Section 30 of the Delhi Shops and Establishments Act, 1954 does not exclude the
application of the Industrial Disputes Act, 1947
37. Powers and duties of the Inspector.
(b) Duties of the Inspector: (i) that in dispensing with the services of an employee the provision of the Act and Rules have been complied with and no dues payable under the Act or Rules have been
withheld;
>>> You may go thru many threads on Gratuity at:
https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.U3W1LkeBmXU
>>> If employer defaults on payment of wages it may default on PF,ESIC,TDS etc………..
Employee can approach:
----Employees Unions : There are employees unions that have done good job. There are IT/ITeS employees unions too………………..You can download the details from various threads suggested to you…………..
--- Trade Unions e.g; CITU, AITUC, INTUC ............................
The trade unions are willing to embrace employees and they are very effective too.
--- Inspector under Delhi Shops and Commercial Establishments Act,
The employer has to maintain and submit requisite forms and registers according to Shops and Commercial Establishments Act. If the employer makes false entries it is offence.
You may go thru;
Sec:2(5,7,8,9,14,15,30, and explanations e.g:…Sub Section5),3,5,8,13,19,20,21,30,33,34,35,37,40,41,47,…..
--- Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act.
You may refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you he may proceed for recovery of wages.
--- O/o Labor Commissioner: The Labor Inspector might also be officiating as Inspector under Payment of Wages Act, Inspector under Punjab Shops and Commercial Establishments Act, Small Enterprise Act…………………………..however you may lodge complaints mentioning the enactments separately.
----RPFC thru nearest PF office
----ESTC Inspector in jurisdictional ESTC office; Applicable to all employees drawing wages (as per def. wages in the Act) up to Rs.15000/pm.
--- ITO; TDS where you file your ITR
--- CIT-TDS (jurisdictional) where company files ITR
----Lawyer/Law firm
---Civil Court
Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72072011&offset=1#.UvYBGEeBmXV
https://www.lawyersclubindia.com/forum/Full-n-final-settlement-100310.asp#.U0AEW0eBmXU
The employees have even filed Winding Up petitions and have succeeded.
>>> IN addition to your unpaid wages you may also demand to supply you the acknowledgment and acceptance of notice/resignation, correct FnF statement for verification and acceptance by you, salary slip of each month of employment, payment of FnF wages by bank DD only, Form16 as per correct FnF statement, PF number a/c slips of each year of employment, ESIC card, service certificate, NOC/NDC, …………etc
Let employer reply whatever it wants.
At Delhi you can access Lawyers par excellence.
You may proceed under the expert guidance of your lawyer. The lawyer that has seen all docs and examined the inputs in person can advice you the best.
