>>> It is suggested that you should consult a Labor Consultant/Service Lawyer AS AP, with all docs on record and proceed under the expert advice of your lawyer.
The matter may not be soon, limited to service of notice period, payment of notice pay and may complicate by denial of acceptance of resignation, service certificate, relieving letter, allegation of misconduct…………………………..abscondment/abstaining/absenting etc………..
>>> Is it sure that if you tender notice pay you shall get relieving letter , service certificate, Form16, FnF statement, FnF wages……………………………………clean reference check/BGV?
If yes tender notice pay and close the matter.
Obtain clear communication confirming above in writing.
Ask to supply the FnF statement showing computation and adjustment of notice pay for your verification and acceptance.
>>> HR Personnel/Line Managers are not your employer.
Why are you stuck up with them?
Anything that they utter can not be a rule.
Check HR Policy/Service Rules and Regulations on shared portal and download these.
You have a genuine reason.
Since you have been on approved LWP NO tasks are pending at your end.
Escalate to good offices of appointing authority, MD……………….
>>> What is this company/establishment: Commercial, Industrial, Small Enterprise?
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?
Does company have an office at your location?
Does company have an office where you are right now with your family?
Redg. office of the company is in which state?
How many employees are employed in it?
What is your designation and nature of duties?
Has your service been confirmed in writing?
Since how many month’s you are working with this company?
Do you have proper acknowledgment of notice of resignation?
>>> Notice period/pay is part of service conditions……………………and does not depend upon T&C inserted by employer in any private agreement drafted by employer and signed with employee……………………………alone!
There are many threads on it that you may find relevant and can pick up points that are useful to you e.g:
IT companies are covered by Shops and Commercial Establishments Act. STANDING ORDERS ARE ALSO APPLICABLE.
The (Name of the State) Shops and Commercial Establishments ACT WAS ENACTED TO GOVERN THE SERVICE CONDITIONS OF EMPLOYEES IN ESTABLSIHMENTS COVERED BY THE ACT.THE NOTICEPERIOD/PAY IS STATED IN THIS ACT.
THE NEGOTIATED SERVCE CINDITIONS BETWEEN EMPLOYEES (REPRESENTATIVE OF EMPLOYEES/UNIONS) AND EMPLOYER CAN BE SUPERIOR TO THE ENACTMENTS APLICABLE TO THE ESTABLSIHMENT BUT CAN NOT BE INFERIOR OR IT MAY NOT STAND THE TEST OF LAW.
https://www.lawyersclubindia.com/forum/Notice-period-102337.asp#.U51N3pSSwb8
https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UwDFP0eBmXU
https://www.lawyersclubindia.com/experts/Employer-not-giving-relieving-letter-476871.asp#.U51fPpSSwb8
https://www.lawyersclubindia.com/forum/3-notice-period-relaxation-advice-103873.asp#.U6Uei5SSwb8
https://www.lawyersclubindia.com/forum/Resignation-letter-104375.asp#.U60YOZSSwb8
https://www.lawyersclubindia.com/forum/Denial-of-relieving-letter-service-letter-104474.asp#.U60eGJSSwb8
https://www.lawyersclubindia.com/forum/Company-not-clearing-my-accounts-104413.asp#.U60eY5SSwb8
https://www.lawyersclubindia.com/forum/Nasscom-clarifications-104557.asp#.U66SkpSSwb8
https://www.lawyersclubindia.com/forum/Absconding-fron-an-it-company-in-probation-period-104154.asp#.U66Y0JSSwb8
It has been mentioned in one of threads that Chief Inspector under this Act stated that notice period stated in the Act shall prevail upon notice period stated in appointment letter.
https://www.lawyersclubindia.com/forum/Employer-not-relieving-employee-contt-89308.asp#.UkP5C9KAqWM
>>> If you are not covered as ‘Workman’ as in ID Act, ‘Employee’ as in (Name of the State) Shops and Commercial Establishments ACT, LABOR LAWS THEN THE SERVICE CONDITIONS APPLICABLE TO YOU MIGHT BE AS PER SERVICE RULES AND REGULATIONS OF THE ESTABLSIHMENT.
USUALLY IT IS STATED IN APPOINTMENT LETTER THAT SERVICE CODNTIONS SHALL BE GOVERNED BY HR POLICY/ SERVICE RULES AND REGULATIONS………………………ALTHOUGH THESE ARE UsuaLLY NOT SUPPLIED ALONG WITH APPOINTMENT LETTER AND ILL INFORMED EMPLOYEES SIGN ACCEPTANCE OF THE APPOINTMENT LETETR WITHOUT AVAILING HR POLICY/ SERVICE RULES AND REGULATIONS REFRENCE OF WHICH IS MADE IN APPOINTMENT LETER AS THAT THESE SHALL GOVERN SERVICE CODNITIONS.
YOU MAY DOWNLOAD THE HR POLICY/ SERVICE RULES AND REGULATIONS………………………….AS APPLICABLE ON DATE OF JOINING, AND AMNEDED THEREAFTER…………………………and latest version as on date and relate it with current situation at your hands.
>>> The notice period of 90 days may not be necessarily be applicable in your case.
>>> For notice period, rate of notice pay in lieu of notice period you may look into Shops and Commercial Establishments Act of your state.
>>> >>>The issue that you have posted is not faced by you alone but endless number of employees as employers and their attorneys i.e. Line Managers, HR personnel violate rights, norms, rules, laws with impunity.
Employees are ill informed, are not united, do not become members of employee’s unions-trade unions, do not form ‘Work Committees’ in the companies, many of them are fearsome, do not approach Labor Consultants/service lawyers and do not agitate…………………
If employee’s are united they can negotiate service conditions, form ‘Work Committees’ that is one of the authorities as per ID Act and employers shall not be able to exploit them…………………
When union are there to represent the line managers, HR , employers shall not violate the rights of employees with impunity.
Sec9A of ID Act: Advance notice has to be supplied to the employee for any change in service conditions…………………………………..implying NO New Rule can be formed without notice and negotiations with representatives of employees.
Are you aware that employees can form ‘Works Committee’ and it is an authority and President /Chairman is on rotation from employees/employer and it has equal number of employees from employer/employees?
The Industrial Disputes Act, 1947
CHAPTER II: AUTHORITIES UNDER THIS ACT
3. Works Committee
Probably you are not aware that ‘Employers’ in some state are united and have formed unions and decided that notice period shall be increased to 3 months and it shall be made mandatory to serve the notice period……………….
There are IT/ITeS employees unions and female employee’s unions too and they have succeeded to get their demands met e.g;
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.
United employees can rake up the issue with Govt. Employee’s is a big community and huge vote bank that NO party/Govt can ignore.
