What is this establishment: Commercial or Industrial?
How many employees are employed in it?
You have posted that:
----“do I have the right to receive the Experience letter or Service Letter which just states that I have worked in the organization for 2 years.”
Yes.
Model Standing Orders:
16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.
17. Liability of 17[employer].--The [employer] of the establishment shall personally be held responsible for the proper and faithful observance of the standing orders.
-----“There is condition in Appointment letter to serve three months’ notice period or payment on short notice period’
As per bilateral agreement signed by employer with you, you have opted to tender notice pay and company has adjusted it.
Employer can not violate the agreement.
-----“I had to leave the company after 7 day’s without being accepted my resignation.”
Resignation can be without permission or notice. Resignation is out of volition of employer and employee.
You have tendered resignation and company has adjusted notice pay.
-----“HR told me that sufficient information are not available on my relieving letter. “
“they have provided me revised letter but mention on email that as I did not served notice period they will relieve me and told me that I was marked absconded in their record.”
“I have properly documented all my work and given proper handover to another employee. “
You have resigned and company has issued relieving letter, FNF statement and the conduct of HR and employer is bad.
You have not absconded.
Abscondment is misconduct. The company has to issue notice, show cause notice, proper hearing, natural justice before making adverse or false entries in its record.
It is falsification of the record.
14. Disciplinary action for misconduct:
18. Exhibition of standing orders.-
-----“In the organization, there is a notice period of 45 days or.”
“There is condition in Appointment letter to serve three months’ notice period”
It is to be seen the notice period of 3 months is applicable in your case or not.
Notice period/pay is part of service conditions and is stated in standing orders (Certified/Model) applicable to the company and extended to the designation of the employee.
Notice period stated in standing orders shall prevail upon appointment letter.
If it is NIL in standing orders it can not be even 1 day in appointment letter.
Notice period in model standing orders is max. 1 month.
Notice period is also stated in Shops and Commercial Establishments Act and it is not more than 1 month.
{ Uttar Pradesh Shops and Commercial Establishments Act} advocates adjustment of not more than 15 days notice pay whatever be the notice period in appointment letter issued by employer. Hence in your case the employer and its HR has violated the Act applicable to it.
U.P. Dookan aur Vanijya Adhisthan Adhiniyam, 1962
20. Termination of employment by an employee
(2) Where an employee fails to comply with the provisions of sub-section (1), his unpaid wages for a period not exceeding fifteen days may be forfeited to his employer.
If company has committed transgression then it has deducted excess amounts and accordingly has defaulted on correct contribution of PF, ESIC, TDS, and Insurance etc....................
If standing orders are not applicable then you may get job advertisement, appointment letter, service rules, HR policy of the company, Shops and Commercial Establishments Act examined by your lawyer.
----You may demand to examine your personnel file maintained by company and also certified copy of your service card.
----Is it stated in appointment letter that if employer initiates termination employee can demand to serve full notice period and decline to accept notice pay.
The T&C in contract of employment should be equitable.
Employee can approach:
-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, Manager Finance, appointing authority, CEO, Chairman, Directors, MD............
Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................
Your lawyer may ask you a set of structured questions and may opine that you are covered.
-Trade Unions/ Employees Unions: They know precise ways to handle such issues
-Inspector under (Name of your state) Shops and Commercial Establishments Act;
-Inspector under Payment of Wages Act( applicable to all employees drawing wages as per def. of wages in the enactment up to Rs.18000/pm) :: The period to lodge complaint with Inspector under Payment of Wages Act is 1Y however to condone the delay is pleasure of the authority.
-RPFC, Addl. CPFC n the state, CPFC......................for PF
-Jurisdictional ESIC Inspector, for ESIC
-ITO-TDS where employee files ITR and Jurisdictional Cit-TDS where employer files ITR
-o/o Labor commissioner
-Civil Court.
There are threads to suggest that employees have been contemplating to lodge criminal complaint u/s 406,420..................
And to approach employer as creditors treating unpaid wages as debt on employer.
The company has resorted to tactics with maligned intentions and has kept you in dark.
The email record you have should be sufficient to call the bluff and deceit of company its HR, Directors.
Since the company and its HR is high headed adamant, recalcitrant, deceitful, cunning your gentle representations have not fetched you any relief.
It has extorted the monies.
You may without any hesitation approach your competent and experienced labor consultant/service lawyer.
Your lawyer should be able to get you clean and clear relieving from charge of abscondment.
Your lawyer may opine that a criminal complaint can also be filed.
