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My fnf

(Querist) 12 May 2017 This query is : Resolved 
Dear Sir

My issue is related to my FNF from my company.

I worked for this company for 2 months and I left the company without giving any notice period. As I don't have any thing in writing about my joining nor i have a offer letter from the company.I join the company on 6th Feb 2017 and I left this company on 5th April 2017.

As I had left without any notice and after few days i came to office and give my hand over in writing and told then varobali that i will not be coming back to work. After few days i dropped in mail saying i had given all my handover.

Now want i am asking for my FNF where my salary of March 2017 is not been given as they kept it on hold. Now they say that i have not given them a notice period in writing as per there policy in writing and serve the notice period of one month as i was not confirmed not i have any appointment letter where it says this.

Please let me know what should i do now to get my salary for the days i worked

Regards
Jay Oza
9987302226
Guest (Expert) 12 May 2017
Amicably Sorting it out is the Best Option.Discuss with them Politely.
Sri Vijayan.A (Expert) 12 May 2017
I endorse the view of Expert Narasimha
Kumar Doab (Expert) 13 May 2017
The notice period/pay is to apply:


--either by applicable enactments on employer/employee/establishment.


--or by appointment letter, contract of employment, agreement etc signed with employee.


If applicable the enactments shall prevail upon any private agreement that is drafted by employer and signed with employee.
Kumar Doab (Expert) 13 May 2017
In your case the 2nd option is ruled out by you by your post in query as NO appointment letter is issued to you.




Rest let us try on: how come employer or its attorney's claim that it is applicable by some purported policy, that is never made known to you as per you post in query.





For 1st option let us try to find out if it shall apply in your case.
Kumar Doab (Expert) 13 May 2017
You have posted that:



“Now they say that i have not given them a notice period in writing…………………… as per there policy in writing”




Who are these persons whom you have referred as they: Line Managers, HR personnel, Manager/representative of employer that is duly authorized by employer?




Whom you are referring as they: Line Mangers, HR personnel, Legal cell, Admin etc etc or employer itself?




They have said it in writing or verbally?


Have they shown you the place/any document/ in which this policy has been shown, kept in your access, circulated, and supplied to you?



Or have they cited and service rule and regulation/enactment/service condition/ Act/Law etc etc vide which this policy/condition of notice period-pay applies to you.



Employer itself or its attorney’s in Line Management, HR Wing, Legal cell, Admin etc etc should not behave as street magicians and try to produce things from thin air.




If there are applicable service conditions than these should be made known by fair means and made available by effective modes of communications, and kept in knowledge domain of employee, kept within accessible zones of employee.

Guest (Expert) 13 May 2017
Agree with Experts
Kumar Doab (Expert) 13 May 2017
You have posted that:



“ and serve the notice period of one month as i was not confirmed not i have any appointment letter where it says this.”



If appointment letter was not issued and supplied to you and signed by you then…………….was this policy cited/mentioned/highlighted in any other published document issued and supplied to you and signed by you e.g; joining report, employee handbook, employee’s portal, exit policy or ever by email etc etc etc ……




Saying, telling, asking etc are all verbal modes of communication and difficult to prove.


Gossip, rumor, hearsay are neither rules nor policy, nor Act nor law………………




If you have tried enough for amicable settlement and you are unable to get fair play and dealing then:

Don’t remain entangled with Line Mangers, HR personnel
And
Approach good offices of appointing authority, MD,CEO etc
And try.





They may not have any authority to waive off notice period/pay ( if it indeed applies in your case as per applicable enactments) or willingness to recommend to his superiors/good offices of appointing authority, MD,CEO etc ....





Narrate all previous representations made by you in person/by letters/phone calls/emails…………….and mention names/dates/brief minutes of discussion…………Submit minutes in writing under proper acknowledgment.
Kumar Doab (Expert) 13 May 2017

Notice period of 2 months may not necessarily be applicable in your case.




Notice period, rate of Notice pay might be governed by various enactments that may apply in your case.

Kumar Doab (Expert) 13 May 2017
While posting such queries employee should post basic information!



What is this establishment; 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?
Do standing orders (model/certified) apply to establishment and your designation?



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


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



It noted that you have handed over the charge/assets and communicated in writing.

This is wise on your part.

Rajendra K Goyal (Expert) 13 May 2017
Well analysed by the expert Kumar Doab, may be benefited.
Kumar Doab (Expert) 13 May 2017
The ID Act does not lay down notice period for workman.


The Model Standing Orders does not lay down notice period for workman, during probation period.


Does the establishment has its certified standing orders and your designation is covered?
Kumar Doab (Expert) 13 May 2017
If you are in Maharashtra and establishment is commercial.


GO thru:


Bombay Shops & Estbs Act does not lay down notice period for employee. IT lays down notice period for employer and it is as per length of service, in case of termination by employer.


GO thru;


S.66(b): For less than 3 months of service it is NIL.BY equitable discretion for employee also it can’t be even 1 day for employee.


S.38-B Lays down that standing orders shall apply….

https://mahakamgar.maharashtra.gov.in/images/pdf/the-bombay-shops-establishments-act-1948.pdf


All of these enactments are available at website of Dept. of Labor Maharashtra.


https://mahakamgar.maharashtra.gov.in/index.htm


https://mahakamgar.maharashtra.gov.in/acts-rules.htm

Kumar Doab (Expert) 13 May 2017
Unions have traditionally been strong in Maharashtra.

Dear, you seem to have a good case.



Reply to all points, pointwise.
Kumar Doab (Expert) 13 May 2017
Or approach:

Inspector appointed under:


--Bombay Shops & Estbs Act, if establishment is covered by the Act and you are covered by def. of employee as in the Act.


-- Payment of Wages Act; if establishment is covered by the Act and you are covered by def. of wages as in the Act. This Act does not discriminate between ‘Workman’ and ‘Non Workman’.


O/o Labor commissioner: ALC, ALCC as per appropriate Govt in your case; State/Central



Higher Officials in Dept. of Labor

Kumar Doab (Expert) 13 May 2017
Thanks for agreeing with me Mr. Rajendra K Goyal.
Kumar Doab (Expert) 13 May 2017
If you are in Tamilnadu you may check with Mr.Sri Vijayan.A.


I have recently shared the extent clauses of applicable enactments with him.
Kumar Doab (Expert) 13 May 2017
It is good to see statement of agreement with experts.
Guest (Expert) 13 May 2017
Mr. Jay Oza,

As of his chronic disease to make multiple posts, the imposter, Mr. Kumar Doab, has done nothing through his 11 posts, except offering you a very sweet pill by saying, "you seem to have a good case."

In fact, he has contradicted his own advice. On one hand, he has stated, "Notice period, rate of Notice pay might be governed by various enactments that may apply in your cas," but on the other he has stated, "For less than 3 months of service it is NIL."

Moreover, Sec. 66B is applicable to employers, nowhere mentioned that the employee should make use of that section. Still further, his advice about, sec. 38-B is absurd, without knowing whether your organization qualified for adopting a "standing orders" or not, as based on number of employees, while nowhere you have stated the No. of employees working in your company.

Anyway, the imposter, Mr. Kumar Doab has been able to remedy his chronic disease of making multiple posts with his wrong and misleading advice.

BUT, I WONDER, ON WHAT BASIS MR. RAJENDRA K. GOYAL HAS CERTIFIED, THAT, "Well analysed by the expert Kumar Doab," AND ON WHAT BASIS HE THOUGHT THAT YOU "may be benefited"?

You may, if you like, swallow his sweet pill. But the fact is that you have a very weak case if you decide to fight legally.

By the way, do you have any proof of service rendered in that company?
Kumar Doab (Expert) 23 August 2017
The poser and impostor IT=@PSD has disappeared.......after littering this thread also with IT's chronic disease of daily littering threads at LCI with stanching nuisances, sarcasm, abuse.............

Another fake ID of IT=@PSD; Perfect Solutions has also disappeared..........

In this thread also IT=@PSD has attacked abused Experts, LCI..........

Let us wish IT=@PSD eternal peace and sleep in this thread also for the 1st time.
Kumar Doab (Expert) 23 August 2017
NJSR and Mr. Rajendra K Goyal have agreed in right spirit and essence...

Your attendance in the establishment/payouts to you, various registers submitted by employer and its attorneys in HR as per Bombay Shops & Estbs Rules are irrefutable evidence of employment.

If you have been eligible for PF, ESIC and employee's that was to be deducted/deducted is also irrefutable evidence of employment.

The demand of employer and its attorneys in HR for notice pay from you is another irrefutable evidence of employment.

IT=@PSD due to unbearable burden of various chronic diseases it suffers from and also since IT is a LIAR (not a lawyer) and the firms that it shamelessly advertises at LCI are LIAR's firms (not a law firm) is unable to understand any point.

IT=@PSD should go back to IT's basics be it; Hajjam, doorman or anything else............
Kumar Doab (Expert) 23 August 2017
If establishment is covered by the Act Rules/enactment and you by def. of employee then employer has NO escape..........
Guest (Expert) 24 August 2017
Hi Jay Oza,
Can you please summarise, what conclusive advice you could extract out of 16 posts of the self-praising fellow Kumar Doab and which specific advice of Mr. Kumar Doab helped you to get your F&F claim settled by the employer during the last more than 3 months?
Guest (Expert) 24 August 2017
Hi Mr. Jay Oza,

You may like to see the following link, where a lady employee came out frankly against the misleading and wrong advice of Mr. Kumar Doab. If a lady employee can speak frankly about the quality of advice, you may also like to speak out about what you could gain out of the advice of Mr. Kumar Doab. Not necessarily in bad sense, if you have been able to get any benefit out of his so many, i.e., 16 posts, you must thank him, but must say, which advice made you benefited in which way within the last more than three months. Of course, I hope he would be obliged to hear you about the positive or negative effect of his advice to you to shun one way traffic only from his own side, as he had to make 16 posts, but you did not respond even to one of his posts.
Guest (Expert) 24 August 2017
Dear Rajendra K Goyal,

You have agreed to the advice of Mr. Kumar Doab in so called right spirit and essence, as claimed by Mr. Kumar Doab.

But, if you agreed with his advice, where was the need of making 10 more posts by Mr. Kumar Doab? That clearly indicate that either he was not sure about the correctness of his advice, or you could not understand the implication of his advice through his earlier 6 posts. If he had to post 10 supplementary posts in addition to his earlier 6 posts by thinking his advice was either not complete or may not work or was misleading, you agreement with him automatically goes wrong indicating that, you could not understand, what exactly was his advice and how the querist could benefit from his earlier advice.

So, please clarify, whether according to you the his advice through his earlier 6 posts was correct or the advice through his following 10 posts and also, what exactly you could understand, in what way the advice contained in his earlier 6 posts could benefit the author of the problem?

OR else, you had been patting the back of the fake expert Mr. Kumar Doab, just as a formality sake, but to encourage him to render misleading and wrong advice to any one and everyone, as much as he can render?


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