Is my company entitled to pay for my notice period?

send them a notice demanding explanation within fifteen days for their action and also to settle the salary of the month following your termination from duty.if you dont get any satisfactory response file a complaint with the labour commissioner

Is the acceptance in writing? Is the statement that .......will be LWD in writing? Is it stated that you will be paid up to dated....only in writing? Have you stated to serve full notice period in writing and do you have copy and POD? Does company have an office at Mumbai? Answer pointwise to all points.

You may reply pointwise to following points:

What is this establishment: Commercial,Industrial?

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

How many persons (total) are employed in it?

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

What is your designation and nature of duties?

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

Did the company ever amend the notice period in writing and did you accept it? Or has the company stated that service conditions shall be governed by say...................HR policy that can be amended from time to time, and is this HR policy availabel on some shared/intranet/Employee/HR portal::::If yes downlaod the latest version at once (screenshot with weblink) showing date/time of downlaod etc.

Do you have any power to sanction (not just recommend) leave/increment/appointment/termination?

Does company have its CO (certified standing Orders) and is your designation covered by CO? Or do Model Standing Orders apply to it?

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

Did you resign in writing under proper acknowledgment and has acknowledgment of notice of resignation, been supplied to you?

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

What was your monthly salary?

Dear Sir, Thank you for your help. The answers are listed below: -What is this establishment: its a five star hotel. -Commercial,Industrial? Commercial. -What is its line of business:IT,ITeS,banking etc? Hospitality. -How many persons (total) are employed in it? Around 400 -The Redg Office,Corporate Office of the company, and your reporting office is located in which state? Registered office is in Goa and Mumbai. My reporting office is in Mumbai. -What is your designation and nature of duties? I'm the head of sales. -Do you have copy of HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the appointment letter? NO. -Did the company ever amend the notice period in writing and did you accept it? NO - Or has the company stated that service conditions shall be governed by say...................HR policy that can be amended from time to time NO -and is this HR policy availabel on some shared/intranet/Employee/HR portal::::If yes downlaod the latest version at once (screenshot with weblink) showing date/time of downlaod etc. NO -Do you have any power to sanction (not just recommend) leave/increment/appointment/termination? YES -Does company have its CO (certified standing Orders) and is your designation covered by CO? Or do Model Standing Orders apply to it? Sorry, I don't understand the question. -Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you? YES, all of them. -Did you resign in writing under proper acknowledgment YES but acknowledgement came 3 weeks later after 4 emails of follow up. - and has acknowledgment of notice of resignation, been supplied to you? Acknowledgemet came which mentioned my last working day as one month before my notice and mentions that they will only pay me till then. -Are you a member of any employee’s/Trade Unions? NO -What was your monthly salary? 3Lac

The service conditions as inserted in appointment letter/contract of employment needs to be examined verbatim and carefully, before final advice is rendered by your counsel.

 

You should know what is CO!!!!

If standing orders are applicable then these should be displyed at a conspicious place in establishment and employee can ask to supply certified copy of these even if against a nominal charge say Rs.10/- and employer is under obligation to supply these.........................OR employee or anyone can obtain these from Cetifying Officer that may be DLC at location of Redg. Office of the company agianst a nominal charge say Rs3/page..........

 

In a hotel some Dept. may be rgistered under factory Act and some under Shops and Estb.Act of the state. Your Dept. might be  registered under Bombay Shops and Estb.Act.........and as per Sec:38-B if no. of employees is =>50, standing ordesr shall apply. If standing order certifed you may check if your designation is covered and if standing orders are not certified Model Satnding Orders shall apply................

 

Your counsel may ask you a set of structured questions and may opine that you would be covered by the def. of 'Employee' as in Bombay Shops and Estb.Act and 'Workman' as ID Act and whether you shoudl cite reference of these Acts or not!............................and restrict yourself to the clauses of appointment letter only.............

 

Generically speaking: If you have tendered notice period of say 60 days, then the employer can not accept resignation before the expiry of notice period tendered by you. Such order can be termed arbitrary,unlawful,illegal,void,  etc………..and fit to be called back.

  

The employer can tender notice pay in lieu of notice period (@as applicable as per various enactments applicable to establishment/employer/employee, and/or as inserted in service conditions narrated in appointment letter/contract of employment etc…….) subject to your acceptance………..

 

You have posted that you have already written that you want to serve full notice period…………..

 

If you wish you may send your contact details by PM and if possible  some inputs shall be sent to you.

Sir, thankyou! Pls advise if I should send the company a notice? Thanks.

Submit a gentle,brief, communication in writing under proepr acknowedgment addressed to good offices of say..................appointing authority,MD,Chairman.................as deemed fit by you...

Express that you have affirmed to serve full notice period i.e from dated.....dated...........and you may be allowed................add that NO tasks are pendign at your end and to whom you should handover the charge.

Extract your FnF statement/FnF wages (don't accept FnF statement),service certificate,relieving letter, Form16, salary slips of all months PF,Gratuity etc...............

As per your posts My Appointment Letter Clearly States That I Need To Serve Two Months Or Pay Salary In Lieu Of And Vice Versa For The Company."................you should succeed to claim notice pay.