The IT/ITeS companies are covered by Shops and Commercial Establishments Act that was enacted to regulate the service conditions of employees working in such establishments.

For service period of 5 days the notice period is NIL in this enactment for all states..................

You may go thru (Name of your state) Shops and Commercial Establishments Act

Below are the responses for Mr. Kumar Doab's questions.

The IT/ITeS companies are covered by Shops and Commercial Establishments Act that was enacted to regulate the service conditions of employees working in such establishments.

For service period of 5 days the notice period is NIL in this enactment for all states..................

You may go thru (Name of your state) Shops and Commercial Establishments Act

>>> What is this company/establishment: Commercial, Industrial, Small Enterprise?

[Raghav - The company is commercial and is an IT (Software) Company.]

It should have displayed its registration Certificate at a conspicuous place e.g near entrance/on notice board! Or You may find out on your own.

You are in which state?

[Raghav - I am in Karnataka, Bangalore]

Does company have an office at your location?

[Raghav - Yes. Located at Bangalore]

Does company have an office where you are right now?

Redg. office of the company is in which state?

[Raghav - It is head quartered at Israel.]

How many employees are employed in it? 

[Raghav - Over 7800 ]

What is your designation and nature of duties? 

[Raghav - Software Engineer. I am a developer. I code in Java and related technologies.]

Are you a member of employee's/ Trade Unions?

[Raghav - NOPE.]

Has the employer signed any Bond with you?

Do you have copy of HR policy, Service Rules and regulations, Standing Orders of the company?

[Raghav - Yes I have it. They are terms and conditions. Termination of Employment says - "You may also terminate this agreement by giving three month's notice in writing or by paying 3 month's basic salary in lieu of notice."]

What are the documents that you have to prove the employer-employee relationship?

[Raghav - Signed copies during joining. Photo copies of address proof and id proof during joining.]

Does it issue salary slip, PF a/c number and a/c slips of each year, ESIC card, Form16 etc……….. 

[Raghav - No. It has not issued any. Since it was only for 5 days. If I would have stayed for a month, they would have issued the salary slips]

The info by you on all questions asked in this thread shall help you, hence post it pointwise.

Thank you for your response. 

Kindly help!

Did the company issue any appointment letter and did you accept it?

Did you register your profile at NSR/NASCHOM or did the company insert any statement in appointment letter that you agree to register your profile at NSR? If yes prohibit the company to do on its own in writing under proper acknowledgment and that you shall not register on your own too.

You may go thru:

Karnataka Shops and Commercial Establishments Act; Sec6A, 39………..

Karnataka Shops and Commercial Establishments Rules

You may mention:

-- the reasons for separation…………………….misconduct by officials of the company with you……………….  that you had explained to HR and that no resolution was provided to you. IN case of misconduct employment can be terminated by employer………………………..and hence by employee as well.

The T&C in contract of employment are equitable.

--If NO appointment letter was issued to you then NO service condition on notice period/pay was ever communicated to you and accepted by you.

--If appointment letter was issued and accepted by you then you may claim that longer notice period is beneficial for employer but detrimental to your interest, as you shall have to wait for 90 days to separate and next employer’s won’t wait for that long………………………….If you are aware that this company also provides joining period of say……………..30 days for incoming employees…………………….but has kept 90 days for outgoing employees……………….and in situation of misconduct by employer you have to separate and look for source of employment elsewhere.

Standing Orders may also apply. You may go thru Sec10-18. Notice period during probation period is NIL…………………….

Hence you may claim wages for period of 5 days + Notice pay from company since you had to separate due to misconduct by employer………………….

Always generate evidence/proof of each and everything (audio/Visual) and build favorable written record……….

IN case of difficulty approach Inspector under Karnataka Shops and Commercial Establishments Act, IT employees unions, Trade Unions like CITU, AITUC,INTUC,BMS etc., your lawyer……………….

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/

Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)

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

https://www.dnaindia.com/mumbai/report-shiv-sena-forms-first-union-in-information-technology-sector-1465435

Shiv Sena forms first union in information technology sector

Trade Unions like CITU,INTUC,AITUC,BMS………….are more than willing to embrace the IT employees. Log onto their website and speak to the Secretary/President.

Don't treat this post as a draft for copy and paste and to send to your company.

Discuss with your lawyer alongwith elders in the family and show all docs on record let your lawyer draft your representations.