Relieving from the bpo company

BPO are covered by Shops and Commercial Establishment Act of the state that was enacted to govern the service conditions of employees working in such establishment... Gujarat followed Bombay Shops and Commercial Establishment Act ....and now Gujarat Shops and Commercial Establishment Act is available on website of Dept of Labor... The notice period/pay applicable to establishment and employee is duly stated in the Act and can't be more than this.... it is max.30 days.... Standing Orders(Certified/model ) are applicable to such companies and notice period during probation period is NIL and max.30 days after confirmation... These being enactments/instrument of law/statue shall prevail upon any private agreement/policy that employer has signed with employee e.g. appointments letter/contract of employment/HR policy etc....and any T&C that is inconsistent with such applicable enactment shall not survive.. The increased notice period is beneficial to the employer but detrimental to the interest of employee..... Does the company provides the equitable discretion of acceptance of notice pay in lieu of notice period if company initiates termination? If no the contract/clause of acceptance by manager can easily be termed arbitrary, unfair, unconcienable..... and even void... Your manager is not your employer and is just another employee like you in the company..... You may submit notice of resignation addressed to good offices of appointing authority, MD preferably by Letter thru Redg post and do not jump to post it in some software tool..... and affirm that NO TASKS ARE PENDING AT YOUR END AND ROUTINE DUTIES BE ASSIGNED THAT CAN BE COMPLETED ON DAY TO DAY BASIS WITHIN AND UPTO YOUR LAST DAY IN OFFICE/EXPIRY OF NOTICE PERIOD TENDERED BY YOU....and correct notice pay in lieu of notice period, as per correct notice period applicable to you may be computed in FnF statement that may be supplied sufficiently in advance within last day in office for verification by you.....and to whom you should handover the charge within and upto last day in office, against proper acknowledgement on the spot..... Your company shall claim that you are not covered by the def. Of employee as in these enactments while your able Labor Law Consultant/ Service matters lawyer may ask you a set of structured questions and may opine that you are covered..... The employees in your sector started to unite (CBOP/CBPOP) and should form unions and affiliate with trade unions... The United employees can negotiate service conditions and form 'Works COMMITTEES' in the company that is an authority as per ID Act and the chairman is from employees..... The trade unions leaders e.g. CITU/AITUC/INTUC/BMS can help you.... If you are unable to handle on your own entrust it to your Labor Law Consultant..

I highly take the pride to thank you for your valuable reply. 

Now I had a little query regarding how to submit resignation. As I am working in a BPO all communication is done through mails. So shall I send the mail to concerned HR and marking my manager copied..for the resignation purpose??? Because I tried to handover a hard copy of my resignation letter to HR, they told me to send an email regarding this...

So kindly guide me what is the best option to perform from my end...

Regards,

Shobhit

This has been discussed in another thread initiated by you at:

 

https://www.lawyersclubindia.com/forum/Relieving-from-the-bpo-company-114841.asp#.VKvyGqKUcqM