Terminated employee rules

Hi,

Please let me how to approach on this issue.

Regards,

Janardhan.T

You have posted that:

“the hr people telling me you are absented or abscanded so we do nt pay any thing, what can you do do ..”

Record such statements (audio/visual).

Has the employer or its HR issued any communication to you in writing, on abscondment and termination?

The employee can be termination if he is absent for 10 days.

IN case of termination the wages should be paid and service certificate should be supplied by last day in office.

There is no need to abscond and employee should not abscond.

Most probably the establishment would be commercial and covered by Karnataka Shops and Commercial Establishments Act. You may go thru: Sec 6A, 7,8, 18,21,27,29,35,39……………..

Standing orders (Certified/Model) might be applicable to it and extended to your designation. If standing orders are applicable but are not certified Model Standing orders shall apply.

You may go thru: Model Standing orders :

Sec 13,14 ,

14 (3) (e)             habitual absence without leave or absence without leave for more than 10 days,

16,

17.  Liability of 17[employer].--The [1][employer] of the establishment shallpersonally be held responsible for the proper and faithful observance of the standing orders.

18

Standing orders (Certified/Model) being instrument of law/having statutory force shall supersede/prevail upon any private agreement that employer might have signed with employee.

If employer defaults on payment of wages it may default on PF,ESIC,TDS etc………..

Employee can approach:

----Employees Unions : There are employees unions of IT/ITeS employees and they have done good job.

https://www.itecentre.co.in/

https://ithiworld.wikispaces.com/News+Update

IT/BPO Voice of India | Facebook

UNITES Professionals

www.unitespro.org

https://www.wbitsa.org/

www.itpfindia.org/‎

https://itnitesunion.wordpress.com/author/itnitesunion/

https://www.amrc.org.hk/node/1088         CBPOP

https://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html

https://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx

--- Trade Unions e.g; CITU, AITUC, INTUC ............................

 The trade unions are willing to embrace IT/ITeS employees and they are very effective too.

https://labour.kar.nic.in/labour/trade-unions-list.htm

--- Inspector under Karnataka  Shops and Commercial Establishments Act, If it is commercial establishment.

The employer has to maintain and submit requisite forms and registers according to Shops and Commercial Establishments Act. If the employer makes false entries it is offence.


--- Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act. 
You may refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit Form’N’ for recovery of wages.


--- O/o Labor Commissioner

https://labour.kar.nic.in/labour/default.asp

----RPFC thru nearest PF office

----ESTC Inspector in jurisdictional ESTC office

--- ITO; TDS where you file your ITR


--- CIT-TDS (jurisdictional) where company files ITR

----Lawyer/Law firm

---Civil Court

Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV

Before you act further It shall be appropriate to show the job advt, job application, interview call letter, offer letter, selection letter, appointment letter, CTC sheet, Salary Structure, Salary slips, STANDING ORDERS APPLICABLE TO THE ESTABLISHMENT (CERTIFIED/MODEL) AND EXTENDED TO YOUR DESIGNATION, HR policy, Service rules and regulations, Conduct and discipline rules, Notice of resignation, resignation etc…………….. Communications exchanged to a competent and experienced Labor consultant/service lawyer at your location, give inputs in person and proceed under the expert advice of your lawyer.

Attached.

Hi,

Thank you, i did not got any termination or absconded letter to my previous company. but they are informing they terminated me. but i worked there around 20 days. but they didnt showing interest to pay the amount, and they replied one blank payslip, i attached this one and one letter to the Banglore labour office.dairy circle. waiting for further reply.

thank you.

Regards,

Janardhan.T

The state of Karnataka has ended the blanket exemption granted to IT companies from standing orders and now standing orders are applicable.

If standing orders are applicable but are not certified Model Standing orders shall apply.

Model Standing orders :

Sec 13: Notice period during probation is NIL.

Karnataka  Shops and Commercial Establishments Act; Sec 39;

For service period<6 month notice period is NIL.

Instead of sending the complaint by post/email meet the Labor Inspector/ALC in o/o Labor Commissioner in person.

The Labor Inspector may also be officiating as Inspector under Karnataka  Shops and Commercial Establishments Act and Inspector under Payment of Wages Act, also.

well explained by Mr Kumar Doab