notice period negotiation

While posting such queries employee should post basic information!

What is this establishment; GOvt, private, Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .

Notice period/pay is part of service conditions /governed by various enactments applicable to establishment/employer/employees that shall prevail upon any private agreement drafted by employer and signed with employee..............

If covered you may have a recourse so post pointwise response..

 

Who has asked you to post the query?

If employee's then employee's/trade union leaders can also help and guide you!

What is this establishment; Private What is its nature of business say; Marketing How many persons are employed in it?more than 1000 What is your designation and nature of duties? Telemarketing How many persons report to you? 0 Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? No You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing? Karnataka and im working since 1 and half year and my job is confirmed in writing Do standing orders (model/certified) apply to establishment and your designation? What is notice period as per appointment letter/offer letter and what was notice period tendered by you? 1 month notice period and I have asked for 15days negotiation Was ever any stinker, memo, show cause notice on any misconduct issued to you?no Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA�s, performance date? How was your performance? No Are you a member of employee�s/trade unions? No Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC�����? Offer letter salary slips and appointment letter and of Number i have

You have not responded to Standing orders and from your limited response IT is guessed that establishment is not registered as some IT/ITeS company and there may not be any exemption from standing orders to your establishment, in your state.

If you wish you may still confirm on IT.

The tussle initiated by attorney’s of employer can either be resolved and if attorney’s complicate the matter due to ego or any other reason, or on trivial matters, frivolous reasons, flimsy grounds etc then employee can certainly succeed on facts and merits….

There are many threads at LCI narrating that even after employee paid the notice pay ( in advance before LWD and before issuance of correct FnF statement) the employee was harassed…Although IT may/may not happen with you in your case…

 

So you may take a cue and be careful and alert and resolve the matter while in employment or thereafter as much as possible without litigation… and avoid getting adverse comments in BGV, relieving letter…..  

The employer can by IT’s sweet will waive off the notice period/pay…

Here employer does not stand for attorney’s in higher management/HR/Line Management/Legal cells etc!

The attorney’s (and even employer in some cases) may like to interpret in a manner suitable to them.

You can try for waiver by applying your rapport, goodwill, skills e.g; persistence, persuasion, reasoning, negotiations and relieving letter (with good comments on conduct and performance) from management/HR/employer..and close the matter.

This is the best recourse and as per your wish in your post also.

 

You have the options;

Ask the person that has to process and decided acceptance of resignation ( or employer) to supply you the correct FnF statement ( on LWD preferably) showing computation of earned wages, leave encashment, bonus, incentives etc and adjust notice pay and thus final amount of any payable by employee or employer and affirm to pay by cheque (under proper acknowledgment on the spot) and also all other document as mentioned above ……and do not forget to mention that you are/have handed over the charge ( if you have) and NO assets are with you ( if you don’t have) and NO tasks are pending at your end (if true) and maintain all records to help you if the need be in future… and if you are leaving the present town then mention the date say; 7days after LWD and all exit formalities be completed within and upto close of office hours of LWD ( keep copies)..

 

Or pay as demanded and demand (in advance) to supply all docs as above….

Service certificate should be issued to all employees..

Relieving letter signifies that employee has separated and nothing is due against employee..

Build proper written record of proper communications sent by you under proper acknowledgment..for use and reference in future if the need be.

Nature of duties on record of company under acceptance and signatures of employee matter for deciding coverage as Workman as in ID Act and ‘Employee’ as in State SE Act.

ID Act, Model Standing Orders, Karnataka SE Act/Rules, List of Employee’s/trade unions can be checked at Dept of Labor website…of the state also..

GO thru these

e.g;

Karnataka Shops & Commercial Estbs Act ;39

Karnataka Shops & Estbs Rules

Model Standing Orders;13,16,17,18

You have not confirmed on any certified standing orders covering your position..

Model standing orders, Karnataka SE Act does mention 30days notice period..

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

https://164.100.133.176/labour1/home.html

https://karlabour.in/sahayoga/act_role.php

https://karlabour.in/sahayoga/template/default/images/pdf/38.pdf

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

https://hrylabour.gov.in/staticdocs/labourActpdfdocs/Industrial_Employment_Rules.pdf

 

There are many illustrated threads on similar queries that you can search in SEARCH option

e.g;

https://www.lawyersclubindia.com/forum/Terminated-employee-rules-98689.asp

 

So either pay if correct FnF statement shows payables by you or in advance as demanded from you or get waiver…..and get all mentioned docs in previous posts 

If an employee ( say you as in query) is unable to resolve (for any matter that may precipitate) on your own approach very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and having successful track record ….. and worth his/her salt …and discuss in person and even with seasoned employee’s/trade union leaders and proceed in best of your interest.. 

Check for such counsels at LOCAL Labor Court/CGIT, Controlling Authority of Gratuity, School-Educational Tribunal, CAT, Civil Courts, HC,SC……..

 

If matter notice period/pay, relieving letter, adverse comments in relieving letter/BGV, etc etc can be resolved with your own skills e.g; persistence, persuasion, reasoning, negotiations nothing like IT and even with help of elders of the family, competent and experienced well wishers/colleagues, community leaders, reputed person ………..

And/or Shrude and smart negotiators

And/or seasoned employee’s/trade union leaders

And/or officials in Dept. of Labor ( Inspector/ALC/ALCC/DLC……………..senior officials), Shops and Estbs Inspectorate etc

Grievance Redressal Committee notified in state

Or by skills of your own counsels

Nothing like IT

Or  employee  may pray to LOCAL Labor Court/CGIT, Civil Courts as per coverage by nature of duties…and Presiding Officer can decide on facts and merits..