>>> Resignation can be without permission and notice.
You may affirm in writing that as per clause number…………….in appointment letter dated…………………..issued to you……………….which is ought to have been issued to you as per the applicable enactments to the establishment,………………..the correct notice pay as per correct notice period applicable in your case be computed in FnF statement/settlement.
The company shall compute 65 days pay for which you have worked, leave encashment, bonus, reimbursements, incentives, in FnF statement and shall supply it you for acceptance……………………………..
Before accepting it consults your lawyer.
You may be eligible for payment of Gratuity!
In such a case you can submit FormI one month before the expiry of notice period tendered by you, of course under proper acknowledgment.
>>> The notice period of 3 month’s may not necessarily be applicable in your case.
NOTICE PERIOD IS NOT DEPENDANT ON T&C INSERTED BY EMPLOYER IN APPOINTMENT LETTER, contract of employment, any private agreement that employer has drafted and signed with employee, ALONE……………………….
SERVICE CONDITONS ARE GOVERNED BY STANDING ORDERS ARE STANDING ORDERS BEING INTRUMENT OF LAW/STATUE SHALL PREVAIL UPON ANY PRIVATE AGREEMENT THAT EMPLOYER HAS SIGNED WITH EMPLOYEE BE IT APPOINTMENT LETTER, CONTRACT OF EMNPLOYMENT……………
The (Name of the State) Shops and Commercial Establishments ACT WAS ENACTED TO GOVERN THE SERVICE CONDITIONS OF EMPLOYEES AND notice period is stated in it IT/ITES/BPO/KPO’ ARE COVERED BY IT.
It has been mentioned in one of threads that Chief Inspector under this Act stated that notice period stated in the Act shall prevail upon notice period stated in appointment letter.
https://www.lawyersclubindia.com/forum/Employer-not-relieving-employee-contt-89308.asp#.UkP5C9KAqWM
STANDING ORDERS ARE ALSO APPLICABLE to IT/ITeS compnaies.
YOU MAY GO THRU MANY OF THE THREADS E.G. AND PICK UP POINTS USEFUL TO YOU….
https://www.lawyersclubindia.com/forum/Notice-period-102337.asp#.U51N3pSSwb8
https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UwDFP0eBmXU
https://www.lawyersclubindia.com/experts/Employer-not-giving-relieving-letter-476871.asp#.U51fPpSSwb8
https://www.lawyersclubindia.com/forum/3-notice-period-relaxation-advice-103873.asp#.U6G1RJSSwb8
>>>The issue that you have posted is not faced by you alone but endless number of employees as employers and their attorneys i.e. Line Managers, HR personnel violate rights, norms, rules, laws with impunity and without any fear within the walls of the offices for simple reasons that;
Employees are ill informed, are not united do not become members of employee’s unions-trade unions, do not form ‘Work Committees’ in the companies, many of them are fearsome, do not approach Labor Consultants/service lawyers and do not agitate…………………
If employee’s are united they can negotiate service conditions, form ‘Work Committees’ that is one of the authorities as per ID Act and employers shall not be able to exploit them…………………
When union are there to represent the line managers, HR , employers shall not violate the rights of employees with impunity.
Are you aware that employees can form ‘Works Committee’ and it is an authority and President /Chairman is on rotation from employees/employer and it has equal number of employees from employer/employees?
The Industrial Disputes Act, 1947
CHAPTER II: AUTHORITIES UNDER THIS ACT
3. Works Committee
Probably you are not aware that ‘Employers’ in some state are united and have formed unions and decided that notice period shall be increased to 3 months and it shall be made mandatory to serve the notice period……………….
There are IT/ITeS employees unions and female employee’s unions too and they have succeeded to get their demands met 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
Shiv Sena forms first union in information technology sector
Trade Unions like CITU,INTUC,AITUC,BMS………….are more than willing to embrace the IT employees. Log onto their website and speak to the Secretary/President.
United employees can rake up the issue with Govt. Employee’s is a big community and huge vote bank that NO party/Govt can ignore.
>>> What is this company/establishment: Commercial, Industrial, Small Enterprise?
It should have displayed its registration Certificate at a conspicuous place e.g near entrance/on notice board! Or You may find out on your own.
It is located in which state?
Does the company have an office at location/state where you shall after leaving this company?
How many employees are and were employed in it and more importantly did it employ at any point of time 10 or more employees?
What is your designation and nature of duties?
Has your service been confirmed in writing?
The establishment works for how many days/week?
Have you ever worked beyond 8hrs/day:::48 hrs/week and do you have its record and did the company pay OT on its own along with payment of monthly wages?
Has the company displayed the standing orders (Certified/Model) applicable to it, on notice board, or circulated to employees or kept at some shared portal e.g HR portal?
Is it mentioned in appointment letter that service conditions shall be governed by HR policy/service rules and regulations and did the company supply these along with appointment letter………………………..or have kept these on some shared portal…………………………..and have you obtained the printed version? If NO minute that these were never supplied and demand a copy by redg. post. This should be supplied without any cost to employee.
The employee can demand certified copy of standing orders and employer has supply these without any cost/or against a nominal cost say Rs.10/- demand these………..from HR/appointing authority/MD, in writing under proper acknowledgment! Employee or anyone can demand these from CO (certifying Officer) that may be DLC in O/o Labor commissioner at location of Redg. Office of the company against a nominal cost say Rs3/page.
This information shall help, hence post it.
THE OT AND RATE OF OT @ DOUBLE WAGES, NOTICE PERIOD/PAY IS SATTED IN IT.
THE COMPNAY CAN PROVIDE BENEFITS SUPERIOR THAN THE ACT BUT CAN’T PROVIDE INFERIOR TO THE PROVISION OF THIS ACT.
The company may claim that you are in ‘Exempt’ category for OT however Designation alone does not decide employee is covered as ‘Workman’ as in ID Act and ‘Employee’ as in (Name of the State) Shops and Commercial Establishments ACT.
YOU MAY WITHOUT FAIL STATE IN NOTICE OF RESIGNATION AND SUBSEQUET COMMUNICATIONS THAT NO TASKS ARE PENDING AT YOUR END AND ROUTINE DUTIES BE ASSIGNED TO YOU THAT CAN BE COMPLETED WITHIN AND UPTO LAST DATE IN OFFICE (EXPIRY OF NOTICE PERIOD OF ……….DAYS, TENDERED BY YOU) AND TO WHOM YOU SHOULD HANDOVER THE CHARGE AND COMPNAY PROPERTY ( DRAW A LIST AND ASK TO VERIFY) WITHIN AND UPTO LAST DATE IN OFFICE……………………UNDER PROEPR ACKNOWLEGMENT ON THE SPOT……………AND TO INFORM YOU THE EXIT FORMALITIES IF ANY IMMEDIATELY.KEEP COPIES OF NOC/NDC ETC………………and any other document that you are asked to obtain………………………………………..
YOU MAY ADD THAT and the acknowledgment of notice, acceptance of resignation, hard copy of correct FnF statement for verification and acceptance by you, payment of FnF wages by bank DD only,Form16 as per correct FnF Statement, service certificate, relieving letter (ensure with good comments, of course not with adverse comments, and avoid without comments), PF number/PF a/c slips or e-passbook of each year of employment, ESIC card, Group Insurance policy number, Health insurance policy number and I cards, NOC/NDC, certificate of handover, acknowledgment of company property etc…………………….is supplied to you by redg. post within and upto last day in office by redg. post and that postage prepaid self addressed envelope is attached.
YOU MUST HIGHLIGHT THE CONTRIBUTIONS THAT YOU HAVE MADE, APPRECIATIONS, INCENTIVES, COMMENDATIONS EARMED, GOOD CONDUCT
