Record all threats, meetings (audio/visual) for use if required at appropriate time in appropriate forum.
If you proceed carefully you shall be able to defend your interest.
>>> The notice period in probation period may be NIL in your case.
>>> The notice period/pay that is part of service conditions is NOT dependent upon the T&C inserted by employer in appointment letter drafted by employer, alone!
The service conditions are stated in and governed by Standing Orders applicable to the establishment (Certified/Model) and extended to the designation of employee, ( Name of the State) Shops and Commercial Establishments Act…………….and various enactments applicable to the establishment.
The notice period of 60 days may not be necessarily applicable in your case.
THERE ARE MANY THREADS ON SIMILAR QUERIES THAT YOU MAY FIND RELEVANT AND YOU CAN DOWNLOAD JUDGMENTS BY SUPREME COURT AND FULL BENCH THAT AWARDS FINALITY TO THE MATTER………………. E.G.:
https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UwDFP0eBmXU
{---- Neither Agreement nor and appointment letter can override the standing orders. }
https://www.lawyersclubindia.com/forum/details.asp?mod_id=85821&offset=1#.Uf4_JNKAqWM
https://www.lawyersclubindia.com/forum/Notice-period-102337.asp#.U3t7pkeBmXV
https://www.lawyersclubindia.com/experts/Joining-without-relieving-letter-from-previous-company-472656.asp#.U3t4bkeBmXU
https://www.lawyersclubindia.com/forum/Notice-period-102337.asp#.U3dUvUeBmXU
https://www.lawyersclubindia.com/forum/Salary-issue-102041.asp#.U3dVbEeBmXU
https://www.lawyersclubindia.com/experts/Not-service-3-months-notice-period-in-a-pvt-ltd-company-473341.asp#.U32rL0eBmXV
https://www.lawyersclubindia.com/forum/Co-not-agree-for-full-final-settlement-with-gratuity-102541.asp#.U32lwkeBmXU
https://www.lawyersclubindia.com/forum/Regarding-experience-certificate-102481.asp#.U32tv0eBmXU
You should be able to get enough material from these threads to decide your future course of action.
It is strongly recommended that you should approach a competent and experiment labor consultant/service lawyer at your location and spend quality time with your lawyer and proceed further under expert guidance of your lawyer.
>>>Designation alone does not decide that employee shall be covered as ‘Workman’ as in ID Act, ‘Employee’ as in Shops and Commercial Establishments Act .
Your Labor Consultant/service lawyer may ask you a set of structured questions and may opine that you are covered, and that you can raise a dispute NOW.
>>> Trade Unions like CITU,INTUC,AITUC,BMS………….are more than willing to embrace the employees from all trades.
United employees can rake up any issue with Govt. Employee’s is a big community and huge vote bank that NO party/Govt can ignore.
The unions can help to form 'Works Committee' in company. It is an authority under ID Act.The Chairman is from employees/employer on rotation and committee has equal number of members from employees.
The Industrial Disputes Act, 1947: CHAPTER II: AUTHORITIES UNDER THIS ACT
3. Works Committee
The unions can negotiate service conditions and standing orders shall be certified only after parleys with employees representatives/unions.
For the present issues, exploitation that employees in IT/ITeS/BPO/KPO sector's face Pan India the employees unions affilliated with Trade Unions is immediate need of hour and is also a perfect solution.
Are you aware that employers in your trade have formed their unions?
Then why don't employees unite?
Unions are very active and strong and formidable.
