Continuous work for 12 days

Sir,

What's the comapny policy to resign, I mean read the norms and clauses properly and then resign accordingly. Because if you resigning properly and despite that your boss is not accepting it or is threatning you, you better file a complaint against him for harrasing you in the concerned courts.

Warm Regards

Kapil Chandna Advocate

9899011450

Hi Kapil,

 Three Months notice period is the clause in the resignation guidelines. I can serve the notice period however i do not want to  work continuously for 12 days and then get 2 days week off.

I know that there are few rules about about working hours as per Indian Labor laws however i am not sure about the same..

I think no one should be assigned duties for more than 6 days (not more than 9 hours a day with one hour break included), he should get a break later..

This is illegal.

It is good that you have the evidence of having worked.

Is it sufficient to prove that you were asked in writing/on record to work like it?

Have you recorded the threats of the Manager.

>>> When you initiate a query on such matters post following information in 1st post itself, pointwise!

What is this establishment registered as: Commercial,Industrial?

What is its line of business:IT,ITeS,banking etc?

How many maximum persons are employed in it at any point of time, before and after your resignations?

Is the person designated as HR Manager has been authorized to sign acceptance/declinature of resignation,  by Board resolution? Is he/she your appointing authority or MD?

Did you record the discussion/threats (audio/visual/minuted/witnessed) of Manager? Do you have any evidence of it?

The Redg Office, Corporate Office of the company, and your reporting office was located in which state?

What was your designation and nature of duties?

How many persons were reporting to you?

Did you have power to sanction leave/increment/appoint/terminate?

You have worked for how many months?

Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter?

Is it stated in appointment letter that notice pay in lieu of notice period can be tendered?

What was your monthly salary?

Was any appointment letter, salary slip of each month, PF number with a/c slips, ESIC card,Form16, given to you?

Did you mention NO tasks are pending at your end and to whom you should handover the charge?

Are you a member of any employee’s/Trade Unions?

Have you consulted a lawyer and what is your lawyer's opinion?

Thank for your response Kumar Doab.. Yes, i have the evidence that i worked. There is no documentation that i agreed to work in such a way however , i just have an e-mail for being promoted. I do not have an evidence about my manager's threats... Commercial Establishment Line of Business : IT/ITES (Service Management) There are only two people in this role providing 24/7 support..If I resign before my notice period completes they would try to get someone else. Currently i am waiting for their response on an e-mail about my resignation. The Redg office is in Hyderabad Telangana. I Am a Service Delivery Manager, I handle incident management,. It is a individual role and no one reports to me I am in this role from one year and i am working in this organisation from 2008 I am not a member of any employee’s/Trade Unions? I am yet to meet a Lawyer on this Sunday

Week1 : On call- Working for 7 days at a stretch.

I will be logged in from 5:30PM To 2:30 AM..Later i will log off  however i might be called since i am on standby(24/7 support)

Week 2 (Continued): Standard Evening Shift (5:30PM to 2:30AM) with one hour of break..Later week offs on Saturday and Sunday.

You have not replied to all points.

You should reply to all points, pointwise for further response.Don't leave any point unanswered.

As per limited understanding from your response your counsel may opine that you shall be covered by the def. of 'Employee' as in (Name of the state) Shops and Commercial Establishments Act, 'Workman' as in ID Act.

There is nothing called 24x7.Forget about the replies and claims of the Manager and company.

Just record all calls/meetings and save these. If you have resigned stake a claim to OT.

It is expected that your Manager/employer/company will claim that you are Manager/not entitled to OT also but it may not stand.

If you asked to do some work after 8 hours of work/day then it has to be counted in OT @double wages.

What exactly do you mean by only 2 person in the role? I have asked how many employees are working in the company be it on role/off role/contractual etc!

There are many IT/ITeS employees associations now that have done good job and have affilliated with trade unions like CITU/INTUC/AITUC/BMS etc.

You can discuss the inputs that you get from this thread after you have replied to all points with your counsels.

You should prefer to approach an able Labor Law Consultant/service Matters Lawyer/Law firm dealing in labor/service matters.

Originally posted by : Kumar Doab
	You have not replied to all points. You should reply to all points, pointwise for further response.Don't leave any point unanswered.   As per limited understanding from your response your counsel may opine that you shall be covered by the def. of 'Employee' as in (Name of the state) Shops and Commercial Establishments Act, 'Workman' as in ID Act. There is nothing called 24x7.Forget about the replies and claims of the Manager and company. Just record all calls/meetings and save these. If you have resigned stake a claim to OT. It is expected that your Manager/employer/company will claim that you are Manager/not entitled to OT also but it may not stand. If you asked to do some work after 8 hours of work/day then it has to be counted in OT @double wages.   What exactly do you mean by only 2 person in the role? I have asked how many employees are working in the company be it on role/off role/contractual etc! There are many IT/ITeS employees associations now that have done good job and have affilliated with trade unions like CITU/INTUC/AITUC/BMS etc. You can discuss the inputs that you get from this thread after you have replied to all points with your counsels. You should prefer to approach an able Labor Law Consultant/service Matters Lawyer/Law firm dealing in labor/service matters.

Thanks again for your response.. There are  more than 1 Lakh employees working for this organisation..

Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter?

A.Yes We have all these policies mentioned in Offer letter

Is it stated in appointment letter that notice pay in lieu of notice period can be tendered?

A.Yes ,,,Manager discretion required

What was your monthly salary?

A.35K Take home

Was any appointment letter, salary slip of each month, PF number with a/c slips, ESIC card,Form16, given to you?

A.Yes i have all these

Did you mention NO tasks are pending at your end and to whom you should handover the charge?

A.I have just resigned--This is in progress

Are you a member of any employee’s/Trade Unions?

A.I am not

Have you consulted a lawyer and what is your lawyer's opinion?

I Am about to meet a lawyer on this Sunday

LAST REPLY

You have not replied to all points.

So far in this thread you have not postred your response to all points.......................e.g

Even if eave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter....................................do you have a copy of these rules/policy?

Your office is located in which state?

etc.....

Even if ........................................."A.I have just resigned--This is in progress" you should write....................NO tasks are pending at your end and to whom you should handover the charge?'

If you are not a member of any employee's/trade unions it is your loss!

You will need them.

It is good that you are consulting an able Labor Law Consultant/service Matters Lawyer/Law firm dealing in labor/service matters................................it is good for you.

Provide all inputs and docs to your counsel and proceed further under expert guidance of your counsel.