anuj (Manager Admin) 22 July 2011

Notice period

Dear Sir,

I was employed in a private company ,on 15 jan 2011, since the management seems to not cooperating in the labour payments ,the labours get disturbed and they have beaten me .so I have informed the management that I want to resign on 27 April, but the Hr department replied that they will be doing the necessary work and my resignatio is not accepted .So I requested them that if the management is keen on keeping in service then post me to some other place where project is on. But they unable to do so.

Now , on 25 May after waiting for one month I said since notihing is coming out ,

-I have requested them Please clear my full and final

But till todate they have not cleared the same .

2- The re is a column in the appointment letter that in case of resignation I should give one month notice

on that basis they are deducting the salary for notice period ,is it correct ? If not under which section and which court I shall appeal ?

As per my knowledge they should settle my fulln final by 15 days at the most , is it correct ?

Now I want to appeal for the same ,so please advis e on which act and which forum and with in what period I shall appeal the same.

Thanking you !

Anuj

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4 Replies

Kumar Doab (FIN) 22 July 2011

It appears you have submitted your resignation ntoice on 27 th April and resigned on 25 th may.So it is only 2 days notice pay company can deduct.

It also appears that compnay did not initiate any action to:

-lodge a compliant with law enforcement authorities, and

-against the violnet workman who has beaten an employee of the company.

The funds for the salary are to be arrnged by employer and salary is to paid and disbursed by employer.

The prestige, dignity of the employee has been lowered due to lacvklusture attitude of the employer.

Hence the employer is not worthy to work with.

You should have an open discussion with employer/ MD and they can wave off the notice period and relieve you with all documents relased on priority.

You can rather take the employer to task, if you wish.

anuj (Manager Admin) 23 July 2011

Dear Sir

Thanks for your reply .Ihave been talking to the senir management but they only assured me that ,action against the labours will be taken but nothing is done yet and also they are treating the 27 April mail as resignation date .Since they are not in favour to help me out I have no other option than to take them for a task.

So please advise me how and to which court or labour commissione I shall do the sameand also which ae the sections that should apply. kindly tell me in detail if possible.

with regards,

Anuj Kumar mishra

Kumar Doab (FIN) 23 July 2011

If you have worked and marked your attendance upto 25th May, you should get your salary.

Company can waive off notice period.

It appears that company did not made the funds available for paying salary and threw an employee in front of agitated labor without any protection, and did not care for safety and rejected the genuine demand of the employee to be shifted to other location in the company.

You can lodge your greivances with o/o labor comissioner.

You can consult an experienced and competent local lawyer who may advise you to lodge complaint with police also.

anuj (Manager Admin) 28 August 2011

Dear Sir ,

Thanks for your advise , I have decided to appeal in the labour court ,May I know as the compny is not paying my dues till date that is for last four month - in labour court /commissioner do they have powrer to order a compensation for the same i,e four month which lapsed because of not relieving me. Please advise urgently.Anuj.