The notice of dismissal for employer/employee is stated in Industrial Employment Standing Orders Act/ Model Standing Orders…………………………(Name of State) Shops and Establishments Act……………………..
Approach a competent and experienced labor consultant/service lawyer and let your lawyer opine that you would be covered as ‘Workman’ as in ID Act and ‘Employee’ as in Shops and Establishments Act applicable to your state or not?
The employee covered by these enactments, statue is protected up to that extent………………..
The notice period stated in these enactments is max. up to 1 month.
Higher notice period is obviously for the benefit of employer.
{The Delhi Shops and Establishments Act, 1954
30. Notice of Dismissal.— (b) Notice or wages in lieu thereof under section 30—When to be given?
A plain reading of section 30 of the Act would make it clear that the notice under sub- section (2) is
for the benefit of the employer………………..}
The employer may claim that similar notice period is applicable to both employer and employee.
If such is the claims look for other defects e.g; Can employee can deny notice pay in lieu of notice if termination is initiated by employer………………………….
The service conditions (including notice period) stated in certified standing orders (CSO) of the company can not be negated in appointment letter. If the notice period stated in CSO is 1 month it can not be 3 months in appointment letter.
{Therefore obtain certified copy of the CSO from company’s designated personnel and offer to make payment of reasonable amount say Rs.10/. CSO or Model Standing Orders should be displayed on notice board.}
The change in service conditions stated in certified standing orders (CSO) of the company, appointment letter/contract of employment issued by the company should be notified by the employer in writing and accepted by employee in writing……………….
Let us assume that the statue…………………….Industrial Employment Standing Orders Act/ Model Standing Orders is not applicable to your establishment and/or standing orders are not certified or are not extended to your designation……………………………………..
Companies usually state in appointment letter that all T&C, service rules, HR policies formulated by company from time to time shall be applicable and acceptable to employee……………………….in whose name and designation appointment letter is issued……………………………..
Companies might state in emails that employee should revert within …………….days and may claim that no response amounts to deemed acceptance………………..
Companies do scream for Specific Relief Act and claim for master-Servant Relationship and that contract of personal service can not be enforced in court of law.
It is always better to submit gentle declinature……………………..
The employees apprehend that declinature may lead to confrontation and even termination.
The employer claims deduction of notice pay during separation and FNF settlement, citing employee was properly informed.
If not during the service period then at the time of separation dispute occurs.
It shall be appropriate to approach a competent and experienced labor consultant/service lawyer, spend quality time with him, show all docs in person, get the merits analyzed……………………….and proceed under expert advice.
If employer has become adamant and recalcitrant, it is time to decide association…………………………..
Employment is not marriage. Employers do not marry employees…………………………employee should also treat similarly. While in employment develop habit of justifying each penny of salary and develop rapport, goodwill, and exceptional levels of persuasion, persistence, negotiation, reasoning skills……………………remain amiable and leave room for association in future……………………
You may proceed as deemed fit at your end.
