If you feel there is a scope apply goodwill, rapport, exceptional levels of negotiation, persuasion, reasoning, persistence skills and resolve the matter in your favor.
Raise a demand to allow to serve you full notice period and payment in lieu of notice.
Let your representations be structured and drafted by your lawyer.
If the good offices too don’t provide relief issue legal notice from your lawyer and include line managers, HR in list of notices.
Your company would be covered under Bombay Shops and Establishments Act and as per provisions of this enactment I should be covered under standing orders, and other enactments as well…………………………
---------Bombay Shops and Establishments Act (in short SE Act Bombay) is so employee friendly:
38. Application and amendment of the Payment of Wages Act. (l)Notwithstanding anything contained in the Payment of Wages
Act, 1936, (V ?f
1936)………. the Inspector appointed under this Act shall be deemed to be the Inspector…herein referred to as "the said Act",…….for the purpose of the enforcement of hei provisions of the said Act within the local limits of his jurisdiction.
( Implies that the Inspector under SE Act shall be the Wages Inspector )
38 A: Application of Act VIII of 1923 to employees of establishment.-The provisions of the Workmen's Compensation Act, 1923 (VIII of 1923), and the rules made from time to time thereunder, shall, mutatis mutandis, apply to employees of an establishment to which this Act applies, as if they were workmen within the meaning of the Workmen's Compensation Act, 1923.
( Implies any employee under SE Act shall be eligible as if he is a workman and can invoke WC Act)
38B : Application of Industrial Employment (Standing Orders) Act to establishments.-The provisions of the Industrial Employment (Standing Orders) Act, 1946, in its application to the State of Maharashtra [(hereinafter in this section referred to as "the said Act"), and the rules and standing orders (including model standing orders) made thereunder from time to time, shall, mutatis rnuimdis, apply to all establishments wherein fifty or more employees are employed and to which this Act applies, as if they were industrial establishment within the meaning of the said Act.
(Implies if company is under SE Act and if it has not framed its standing orders the model standing orders shall apply to all employees. If standing orders are not certified, Model Standing Orders should apply and are attached. You can also download from Dept. of Labor Maharashtra/Bombay website also. Thus while you can approach Inspector under SE Act you should also be eligible to approach Labor Inspector/ALC.)
{ Model Standing Orders: 3. Tickets, 11. Payment of wages,
13. Termination of employment: .--(1) For terminating employment of a permanent workmen, notice in writing shall be given either by the employer or the workmen - one month’s notice in the case of monthly-rated workmen and two weeks’ notice in the case of other workmen: one month’s or two week’s pay, as the case may be, may be paid in lieu of notice.
15. Complaints,
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.
17. Liability of 17[employer].--, 18. Exhibition of standing orders.-)
51. Employer [and manager to produce registers, records etc. for inspection.
( Implies that if you lodge a complaint the Inspector can not check all records, your personnel file but can take these to his office. You may obtain certified copies and even peruse RTI route.)
Moreover the Inspector is under obligation report every two months as given in Sec.66
55. False entries by employer and manager.
58. Determination of employer for the purpose of this Act.
66.Notice of termination of service
----------Duties of Inspector under SE Act Bombay can be seen at Maharashtra Govt. website and also at :
https://www.mcgm.gov.in/irj/go/km/docs/documents/MCGM%20Department%20List/Chief%20Inspector%20Shop%20%26%20Establishment/RTI%20Manuals/ChiefInspectorShopEstablishment_RTI_E03.pdf
---------You may also go thru the questions the employer has to answer under the :
These rules may be called the Maharashtra Shops and Establishments (Amendment) Rules, 2011.
Industrial Relations:
56.Does the establishment have a
collective bargaining agreement?
57.Does the establishment have a written
grievance procedure
58.Does the enterprise have a works
committee or similar body?
There are many trade unions in Maharashtra and these are very active and very effective.
The unions have been trying to organize employees of IT/ITeS sector.
The state of West Bengal formed a union:
Join any trade union of your choice and the employees shall be supported for entering into negotiated settlement of service conditions including notice period etc, to have ‘Works Committee’ in which employees are on board, Grievance Redressal Mechanism………………. Etc……………
The awareness shall make the employees well and properly informed.
The employee should justify every penny of salary paid by employer, work and contribute to generate revenues and profits for the employer………………………….and defend his rights too.
In today’s scenario when employers are crafting with single minded, ruthless approach: contracts, agreements, appointment letters to suit their interest alone and create legal traps the employee should be vigilant and alert to avoid legal injury.