You may highlight your sincerity, achievements, contributions, and remind the good offices that you have shown character and integrity by giving 20 days notice in place of 1 day as asked by Mr/Ms…….designation/dept……address….and serving notice period, handing over the charge/company property, and have abided by contractual obligation.
Now the management and good offices should also reciprocate and abide by its contractual obligations.
You may also send a gentle representation to XYZ , cite from minutes of discussion with manager ( that time sheet is blocked due to non compliance of some terms by ABC for which you are not at fault) and conclude that the treatment being meted out to you is unfair ( enclose your copy of time sheet).
Your employer should supply you, acknowledgment/acceptance of resignation, service certificate, relieving letter ( with good comments on conduct), NOC/NDC, correct FNF statement, correct Form 16 as per correct FNF statement, PF number, PF passbook/account slips for entire period of service, last salary slip, salary certificate……etc
IT companies are covered under SE Act of the state.
You may refer to SE Act of your state. e.g.;
The Delhi Shops and Establishments Act, 1954
2. Definitions.
(7) “employee” means a person wholly or principally employed, whether directly or
otherwise, and whether for wages (payable on permanent, periodical, contract, piece-rate or commission basis) or other consideration
(8) “employer” means the owner of any establishment about the business of which
persons are employed, and where the business of such establishment is not directly
managed by the owner, means the manager, agent or representative of such owner in
the said business;
19. TIME AND CONDITIONS OF PAYMENT OF WAGES.
21. CLAIMS RELATING TO WAGES.
(30) “wages” means wages as defined in section 2 of the Minimum Wages Act, 1948 (11 of
1948);
3. Rights and privileges under other law, etc., not affected.—Nothing in this Act shall affect any rights or privileges which an employee in any establishment is entitled to at the date this Act comes into force or under any other law, contract, custom or usage applicable to such establishment or an award, settlement or agreement binding on the employer and the employee in such establishment, if such rights or privileges are more favourable to him than those to which he would be entitled under this Act
30. NOTICE OF DISMISSAL:
35. Inspection of Registers and calling for information.
37. POWERS AND DUTIES OF INSPECTOR.
COMMENTS
(b) Duties of the Inspector :
(h) that the wages and other dues are being paid to employees in time as required under the Act;
(i) that in dispensing with the services of an employee the provision of the Act and Rules have been complied with and no dues payable under the Act or Rules have been withheld;
41. WILFULLY MAKING FALSE ENTRIES
43. DETERMINATION OF EMPLOYER FOR THE PURPOSE OF THIS ACT.
Then
THE PAYMENT OF WAGES ACT, 1936
2. Definitions.-
3*[(vi) "wages" means
(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;
Some states had granted blanket exemption from the provisions of IESO Act to the IT companies. It is felt that some states did not. ( Yu may check the situation in your state.)
State of Karnataka has ended the blanket exemption granted earlier by it and thus all IT companies should have framed certified standing orders within 6 months. Till the certified standing orders are framed model standing orders should apply.
If standing orders were applicable to your company and you, you may refer to clauses e.g.
Model Standing Orders: 13. Termination of employment,
15. Complaints., --16. Certificate on termination of service.-, 17. Liability of 17[employer].-- 18. Exhibition of standing orders.--
The payment of wages and certificate of service should have been supplied to employee on last day in office or within two days.
The Labor Inspector may issue notice and this may work in your favor and your payments may be released and the matter may end.
The company may relent and yield to your representation to good offices, demand notice, Notice by Wages Inspector, Inspector under SE Act, and legal notice by your lawyer. The option to approach civil court is there too.
Valuable advice of learned experts/members is sought.
