You are in which state? The redg. Office/HO of the company is in which state?
Does the company have its certified standing orders and has it extended these to your designation? What is line of business of this company?
First of all the Manager (Until or unless appointing authority duly appointed by the company is not employer) is not employer.
If at all resignation is to be submitted it should be submitted by letter addressed to good offices of appointing authority, MD……………… and should be dispatched preferably by redg. post and POD/certified copy of run sheet of postman be obtained from PO.
Employee should demand acknowledgment and acceptance of resignation, acknowledgment of handover of charge, service certificate, relieving letter, Form 16, FNF statement, payment of FNF dues by bank DD only, PF number, PF a/c slip, salary slips of all months etc………………….by redg. post only.
Employee should always endeavor to resign by notice and should tender notice of resignation and thus allow the employer to put his house in order and install replacement.
In your case you have just discussed to quit (hopefully you have not submitted any resignation letter).
Marriage is an occasion for which ideally leave should be granted with pleasure without any tantrums by employer thru leave sanctioning authority appointed/designated by employer.
If employee is on leave usually the charge is taken over by HOD.
In your case did you submit leave application before proceeding on leave or after the leave period? Do you have the copy and proof of submission? Was your leave sanctioned in office by leave sanctioning authority?
Employee should always transact in writing and retain the proof/evidence.
While you were on leave if the said client has cancelled the project then question arises: Was there no one present in the office (including HOD) to attend to the client and his needs? If yes you are not at fault………………..and to be blamed!!!!!
Some one had to mind the store and it is either HOD/Manager/ or employer himself.
Another question arises that is this Manager authority duly appointed to sanction, pass, and communicate/send order of termination? Most probably not.
Another question arises that has the company conducted any inquiry before issuing order of termination?
What exactly is the reason for termination? If you have to go by the statement in email by this Manager it is an allegation that you did not complete the job ad client is whining /complaining?
You need to counter it. If you were on leave due to auspicious occasion of marriage and union with your life partner, then you are not at fault.
Is it mentioned in service conditions stated in Certified Standing Orders of the company/Model Standing Orders applicable to the company , or appointment letter/contract of employment that employee can not marry while at the position of …………………..or the services can be terminated?????????
If company has terminated then it is bound to tender notice pay to you.
Since company has leveled allegation (hinting some compliant or probably loss) it is felt that it is not inclined to tender any payment to you…………………
You should demand that good offices should allow you to examine your personnel file.
The personnel file contains information on your record and does not contain maps of borders of the nation hence it is not a classified and confidential document. Company should be transparent on it. You can also demand to provide copy of ‘Service Card’.
The termination shall continue to perturb you in future as well. It should be contested.
{{{{{ Standing orders are applicable to commercial establishments to which Payment of Wages Act applies.
Your state might have issued the notification to this effect.
e.g; Kerala
You may go thru:
https://www.lawyersclubindia.com/forum/Standing-order-mandatory-for-kerala-comm-establishments-85438.asp#.UgIP99KAqWM
State of Karnataka has ended the blanket exemption granted to IT companies from provisions of Industrial Employment Standing Orders Act.}}}}}
The service condition stated in standing orders can not be negated in appointment letter, and shall prevail upon appointment letter.
It is well known fact that some employers and managers prefer to run their companies or domains as their personal fiefdoms however the rules of the company or private opinions of employers and managers can not be law of the land………………………
Employer/Companies and its Managers have to align themselves with law of the land.
>>>>>> Pay Slip: It is a document to be issued and supplied by employer ( before disbursement ) and employee would know upfront what are wages paid and deductions made by employer.
------Minimum Wages Central Rules: (1) A register of wages shall be maintained by every employer at the work-spot in Form X.
(1A) Every-employer shall in respect of each person employed in the establishment, complete the entries pertaining to a wage period-
(a) in columns 1 to 15 of Form X, before the date on which the wages for such wage-period all due;
(b) in columns 16 and 17 of the said Form, on the date when payment is made
and obtain the signature or thumb impression of the employee in column 18 of the said Form on the date when payment is made.
(2) A wage slip in Form XI shall be issued by every employer to every person employed by him at least a day prior to the disbursement of wages.
(3) Every employer shall get the signature or thumb-impression of every person employed on the Register of Wages and wage slip.
(4) Entries in the Register of Wages and wage slips shall be authenticated by the employer or any person authorised by him in this behalf.
------THE PAYMENT OF WAGES ACT, 1936
13A.
Maintenance of registers and records.
5*[13A. Maintenance of registers and records.-(1) Every employer shall maintain such registers and records giving such particulars of persons employed by him, the work performed by them, the wages paid to them, the deductions made from their wages, the receipts given by them and such other particulars and in such form as may be prescribed.
(2) Every register and record required to be maintained under this section shall, for the purposes of this Act, be preserved for a period of three years after the date of the last entry made therein.]
-------Shops and Commercial Establishments Act;
Records and Registers of Employment and Wages are to be maintained by Employer.
-------Factory Act; Records and Registers of Employment and Wages are to be maintained by Employer.
>>>>> Leave Record:
It is be maintained by employer in the prescribed forms/formats by employer.
>>>> Experience Certificate:
Model Standing Orders:
16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.
You may also go thru clause 14, 15, 17, 18…………….
You should approach your lawyer.
It shall be appropriate to show all docs to a competent and experienced labor consultant and service lawyer and proceed under the expert advice of your lawyer. Let your lawyer ask you a set of structured questions and opine whether employee would be covered as ‘workman’ as in ID act and/or ‘employee’ as in Shops and Commercial Establishments Act………………….or not !!!
Your lawyer that has seen all of your docs and has analyzed your inputs can advice you best.
Legal notice by the lawyer helps to drill sense into the heads.
Seasoned Trade Union leaders can also be approached.
If there are acquaintances that are apt at arbitration, mediation, reconciliation, negotiation they may succeed to get you relief.
There are lawyers that are expert arbitrators and succeed to get relief for their clients.
There are many threads you may find relevant e.g;
https://www.lawyersclubindia.com/forum/details.asp?mod_id=70662&offset=2#.UfpLxtKAqWM
https://www.lawyersclubindia.com/forum/Denied-of-employment-experience-letter-87039.asp#.UhhfaNKAqWM
https://www.lawyersclubindia.com/forum/Ites-bpo-companies-category-86982.asp#.Uhhf29KAqWM
https://www.lawyersclubindia.com/forum/Wrong-termination-and-forcing-for-resignation-85949.asp#.UhhgytKAqWM
