The service conditions reduced in writing and inserted in appointment letter drafted by employer and signed with employee are binding on employer and any declinature to implement would amount to breach by employer……………..
Who is this….’they’………. in your statement” They say that they do not practice buy out though it is mentioned in the appointment letter.”……………
The notice of resignation,subsequent communications, final resignation should be drafted carefully and properly and the notice/resignation should clearly mention the clause number in appointment letter…………………dated……………notice period being tendered/LWD etc…
A similar query is being discussed at:
https://www.lawyersclubindia.com/forum/Joining-govt-organisation-without-relieving-121285.asp
You may go thru it and pick up relevant points.
The employee can lodge complaint the momment payment of earned wages is delayed even if by a day from usual pay day,and employer can be penalized say by Rs.7500/instance…………..
Even FnF wages are to be paid on LWD/within say next 3 days/max. by usual pay day.
You may reply pointwise to all points:
What is this establishment: Commercial,Industrial?
What is its line of business:IT,ITeS,banking etc?
How many persons are employed in it?
The Redg Office,Corporate Office of the company, and your reporting office was located in which state?
What was your designation and nature of duties?
Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the appointment letter?
Do you have any power to sanction (not just recommend) leave/increment/appointment/termination?
Does company have its CO (certified standing Orders) and is your designation covered by CO? Or do Model Standing Orders apply to it?
Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you?
Did you resign in writing under proper acknowledgment and has acknowledgment of notice of resignation, been supplied to you?
Are you a member of any employee’s/Trade Unions?
What was your monthly salary?
