Forcing for notice period

It is strange to the extent that it is unbelievable that you are not paid salary for the last 15 months from date of joining till date and you are working with the same unscruplous employer.

How did you manage?

This unscruplous employer was unworthy to be employed with from the day it did not pay 1st month's salary to you.

For declining to pay earned wages and to release your original educational certificates you can lodge:

criminal complaint with police,court

and also with Inspector appointed under State Shops and Establishments Act, Payment of Wages Act (within 1 year), O/o Labor Commissioner....etc

Employee is entitled to get: acknowledgment of notice of resignation/resignation, salary slip of each month and including last month,  acceptance of resignation, correct FnF statement showing computation of earned wages/leave encashment/bonus/

reimbursements/incentives/OT etc for verification and acceptance by employee, Form16 as per correct FnF statement, Service Certificate, Relieving Letter, NOC/NDC, PF a/c number with a/c slip of each year,ESIC card etc………..

Are you a member of any employee's/trade unions?

Thank you Mr. Kumar for your reply. 

I just want to confirm you that I have recieved my 13 months salary. But those 13 month salary is not paid on date. And now two months salary is pending for me.

We the employees in this company are not the member of any trade unions.

Adddition to your knowledge here they dont follow any labour law practices such as Form 16, PF, ESI.

If you have not formed unions and affiliated with trade unions it is your fault.

Who will support you in case you are suffering?

Employee can lodge complaint the moment his/her salary is delayed even if by a day and employer can be penalized say Rs.7500/instance.

If salary is not paid on fixed pay day then it is breach by employer and notice period/pay should loose its sanctity.

Otherwise also the notice period of 60 days may not necessarily be applicable to you.

You should negotiate properly with next employer to buy out your notice period without any conditions and pay it at once upon joining and allow you to join on the strength of copy of resignation only.

The government has started levying service tax as per the latest taxation rules.

You may go thru another thread at:

https://www.lawyersclubindia.com/experts/Service-tax-on-notice-pay-543006.asp#.VYmEllJ-hkg

Moreover the Form16 has to be shown as per correct FnF statement…………….and has to be issued to all employees………….or employee can lodge complaint with ITO-TDS where employee files ITR and CIT-TDS where employer files ITR.

Hence FnF statement issued to you must show adjustment of notice pay. This is also important as if next employer buys your notice period you won’t be subjected to double taxation.

If PF,ESIC is applicable to the establishment and employee then employer has to register and provide it to employees. Non Compliance to these social security regulations is offence.

Employee can lodge complaint thru RPFC in nearest PF office and ESIC Inspector.

You should provide full information, 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?

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

What is the notice period if employer initiates termination; 60 days or other?

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

Was any appointment letter,salary slip of each month,? Has deduction of Pf/ESIC been shown in salary slip?

What is the notice period inserted in appointment letter?

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

Has acknowledgment of notice of resignation, supplied to you?

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

What was your monthly salary?

Thanks a lot Mr. Kumar.   I can move further according to your advice.  Its really a great help you done for me.

Thanks a lot again.

Regards,

Nitin K Sadsivam

You are welcome!

Had you replied poitwise to all points some more inputs might have been possible.

Hi,

Here is my Scenario,

I have been working for a Company 2 year and recently resigned without serving the notice period. I told them i can not and left the organization on the same day i resigned to other state. They had call me back to serve the notice period and I told them " I have to serve the notice period they have to take care of my Accommodation, transport and food for the 30 days ". I want to get my Relieving letter from them. Possible?

@ Shain Samuel,

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?

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

What is the notice period if employer initiates termination; 30 days or other?

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

Was any appointment letter,salary slip of each month, PF number with a/c slips of each year, ESIC card, Form16 issued to you? Has deduction of Pf/ESIC been shown in salary slip?

What is the notice period and rate of notice pay e.g. Basic/Gross/CTC inserted in appointment letter? Is it mentioned in appointment letter that notice pay in lieu of notice pay can be tendered (by employee or employer)?

 Do you have copy of resignation, POD, acknowledgment?

Did you mention in notice/resignation that you are resigning with immediate effect Or you mentioned that you are resigning say as per………. appointment letter?

WHAT IS THE REASON THAT YOU HAVE LEFT ABRUPTLY?

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end AND YOU HAVE NO ASSETS OF THE COMPANY? Did you mention that you have handover to Mr/Ms………….?

Did you mention that correct FnF statement be supplied to you for verification and acceptance?

{FnF statement should show earned wages/OT/Bonus/Leave encashment/incentives/reimbursements/adjustment of notice pay and final amount payable to employer or employee}.

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

What was your monthly salary?