Threat by manager on not following the complete notice period.

Send email from personal email id /leter byRedg. post to appointing authortiy with copy to manager.

What is your designation and nature of duties?

You are in which state?

What is this company: commercial/industrial?

What is its line of business?

How many persons are employed in it? 

Kumar Doab is the Right Person to advise in Labour Dispute :-)

Thanks for your confidence Mr. Khatri.

@ Kumar Doab.

I am Software Tester in a QA department.

State is Delhi NCR

Company is Industri

Company deals in Software Development

Strength is about 70 employees.

Delhi Shops and Esbs Act; Sec:2(5,7), 30(2)

You might be covered by the def. of 'Employee' as in Delhi Shops and Esbs Act, ‘Workman’ as in ID Act.

 And may approach:

IT-ITeS Employee’s/Trade Unions : The intervention by unions may fetch you fast results.

Inspector appointed under : Delhi Shops and Esbs Act

This Act may not be providing for discrimination between ‘Workman’ and ‘Non Workman’.)

Inspector appointed under; Payment of Wages Act (if your wages as per def. of wages in the Act is upto Rs.18000/pm. This Act does not discriminate between ‘Workman’ and ‘Non Workman’.)

Higher Officials of Dept. of labor (State/Central) as applicable in your case)

O/o Labor Commissioner (State/Central) as applicable in your case)

Your counsels may opine that you can file complaint u/s406,420…………………..winding up petition…
 

Since how many months you are working with this establishment?

When you join to the present company, you already made an agreement “2 months of Notice Period” even if you may get new job still you have to give 2 months of notice period or else they may made claim over you. You have 2 option 1- you may serve 2 months of notice and after complect of 2 months you may go. 2- stay in present company and if you try to go without serving of 2 months you may face problem in future.

 

Jyotirmaya Prasad behera

Advocate, Orissa high court

9861819294

Software companies are coverd by Shos & Estbs Act that was enacted to govern the service conditions of employees working in establishments covered by the Act.

The Act shall prevail upon any private agreement/rule/policy etc  drafted by employer and signed with employee e.g; appointment letter, service agreement/contarct of employment/HR policy/service rules etc....................

ID Act does not lay down  any notice for employee.

Standing orders if applicable: Model Standing orders lay down NO notice period for employee under probation and 30days for confirmed employee.

Actually I am having no dependency regarding any work in my current company and even my reporting manager don't have any problem in my releaving but the manager of company is creating problem and neither he is agree with Buy out of Notice period option nor agree for my pending leave adjustment option and also there is not rule in my company for leave encashment settlement while leaving, then tell me is it not comes under harrashment , as I am having better opportunity for my future and I am also serving 1 month of notice period from that. then why is he trying to stuck me in his personel ego and proud. Sir please let me know should i able to do case against the company for my releaving as they are saying if u want to go without serivng notice perios then go but we will not provide u the Experience and releaving letter. Please help me tell me the soultion so i can tell them that i am entitle to take legal action against them on this.

Your query has been responded.

There are many threads on similar query that you may go thru e.g;

https://www.lawyersclubindia.com/forum/Termination-of-an-employee-83047.asp

https://www.lawyersclubindia.com/forum/Employer-not-issuing-experience-certificate-93887.asp

https://www.lawyersclubindia.com/forum/Impt-regarding-not-serving-notice-period-amp-getting-absconded-74776.asp

https://www.lawyersclubindia.com/forum/Issue-of-service-certificate-on-termination-50422.asp

https://www.lawyersclubindia.com/forum/Need-advise-to-get-experience-letter-and-relieving-order-41158.asp

Hope you are satisfied.

A circular clarifying that employees within the IT sector are “workmen” covered under the Industrial Disputes Act 1947 (ID Act), has been issued by the government of Tamil Nadu.

Other options have also been discussed.

Act on the suggestions and resolve the matter in your favor with help of your employees'/trade union leaders, labor Law consultant.

While choosing a counsel avoid abusers that are loitering many forums posing as experts, to fleece the unsuspecting querists.