Valuable advice of learned experts/members is sought.
It is felt that you must approach a seasoned, experienced, competent, and smart service lawyer/labor consultant well versed with nuances of service matters pertaining to your industry and a prominent criminal lawyer. Is your company is SME? What is the strength of employees? Shall it fall under the preview of SMALL ENTERPRISES (EMPLOYMENT RELATIONS) ACT (As recommended by the Second National Commission for Labour).
The conduct of employer is bad. You should have lodged a complaint with Labor Office at once and also with Inspector under SE act, along with police complaint for pushing you out of the office. This employer is stating that no dues and documents shall be provided. Employee should record such transactions (audio/visual) and keep some evidence/witness. Approach then again and collect the evidence. You need some handle on this employer .If you are subdued neither you shall be able to procure your dues nor you shall be able to muster courage to litigate.
One employee has succeeded in getting termination order revoked under SE Act.
State of Tamilnadu has granted lot of administrative incentives to your sector some which are given below.
However you may go thru publication:
“karntaka now applicability of standing order to it industries “
Stating Karnataka has done away with Applicability of Standing order to IT Industries:
This should give relief to employees who have/have suffered at the hands of unscrupulous employers. Now employees and hence big vote bank in other states should push their state governments to do away the same or many of the fellow countrymen shall continue to suffer.
Kindly check the latest status with Dept. of Labor. It might have been done or be in the pipeline. We wish that the administrative incentives are done away. These unscrupulous employers are worse than “ Lala Ki Dukan” or a ‘Sahukar.”
IT initiatives in Tamil Nadu
Information and Communication Technology (ICT) Policy - 2008 [English] [Tamil]
Anytime / Anywhere Land Records e-Services
Software companies (including services and training) in Tamil Nadu are assured of uninterrupted power supply, and exempted from Pollution Control regulations, Factories Act and Chapter II of the Tamil Nadu Shops & Establishment Act.
However Section: 41 Notice of Dismissal applies and is not exempted.
You may also go thru Chapter VII : Wages.
Information Technology – IT Policy of Tamil Nadu 2002 - Date of effect of IT Policy - Orders issued.
Information Technology Department
ICT Policy 2008:
· All software industries will be exempted from the purview of Tamil Nadu Pollution Control Act.
· Exemption from the provisions of Chapter II & III of the Tamil Nadu Shops and Establishments Act will be granted for IT Companies.
· IT companies will be exempted from the provisions of Rule 6A and Rule 7 of the Tamil Nadu Industrial Establishments
· IT Companies will be permitted to self certify that they are maintaining the registers and forms as contemplated under certain Labour Acts.
ICT Policy 2002:
6.1.2 Administrative Incentives:
iii) if the company want employees to work on national or festival holidays it has to send notice in form 6A to Inspector.
This clause has not been described hence included in ICT policy 2002.
These policies could not be attached due to some technical glitch however you can download from labor website given above