You have posted that:
>>> “Did the company issue appointment letter on the date of joining? Yes”.
The notice period should have been communicated in appointment letter.
Appointment letter should supersede offer letter.
Therefore you may look into clause on notice period/pay in the appointment letter issued to you.
“Do you have any evidence (audio/visual/written) that can establish that you were forced to resign as ap? Yes (email)”
The declinature to retain you in appointment after 2 days shall be certainly a deemed termination and thus Min. claim should be notice pay + previous company notice period buy out…………………..as promised to you from the date you were asked to resign/you had resigned.
>>> “Has it stated notice period/pay in offer letter? No, but email confirmation”
If the notice is not communicated in appointment letter, your lawyer may opine to cite this email.
The detailed service conditions are not necessarily inserted in offer letter. Offer letter signifies employer has made offer of employment.
Detailed appointment letter is issued on joining and has been issued to you.
>>> Have you submitted any written representation, minutes of discussion so far and has the company relied in writing? We have exchanged multiple emails.
Show these to your lawyer and your lawyer can cover the loopholes, flaws if any.
Has the company declined to pay in these emails?
If NO, you have a reason to agitate. The unpaid amounts may be deemed as debt on employer.
If yes, it should pay with any tantrums within and up to max. by usual pay day!
If yes, it is admission of debt.
Has the company issued termination order?
If yes your lawyer may opine that you can raise the dispute in appropriate forum.
>>> You have not confirmed whether you have downloaded the HR policy/service rules and regulations etc and whether your service as per appointment letter, offer letter, any email communications, HR policy/ service rules and regulations etc is confirmed from day 1 or not?
>>> There are IT/ITeS employees unions and female employee’s unions too and they have succeeded to get their demands met e.g;
https://www.itecentre.co.in/
https://ithiworld.wikispaces.com/News+Update
IT/BPO Voice of India | Facebook
UNITES Professionals
www.unitespro.org
https://www.wbitsa.org/
www.itpfindia.org/
https://itnitesunion.wordpress.com/author/itnitesunion/
Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)
https://www.amrc.org.hk/node/1088 CBPOP
https://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html
https://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx
https://www.dnaindia.com/mumbai/report-shiv-sena-forms-first-union-in-information-technology-sector-1465435
Shiv Sena forms first union in information technology sector
Trade Unions like CITU,INTUC,AITUC,BMS………….are more than willing to embrace the IT employees.
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?
Your lawyer may ask you a set of structured questions and may opine that you are covered as 'Workman' as in ID Act, as 'Employee' as in Karnataka Shops and Commercial Establishments Act, Small Enterprise Act
>>> Lawyers are trained in skills of arbitration, mediation, conciliation, and your lawyer may be able to able to resolve the matter in your favor without any litigation too.
There are threads suggesting that lawyers succeed…………………….e.g.
https://www.lawyersclubindia.com/forum/Neither-resigned-nor-terminated-salary-unpaid--81683.asp
There are threads to suggest that employees that are properly informed are able to defend their interest and win their cases on their own too e.g;
https://www.lawyersclubindia.com/forum/details.asp?mod_id=70662&offset=3#.U1su_keBmXU
There are threads to indicate that just by showing the threads at LCI many employees were able to resolve their matter e.g.
https://www.lawyersclubindia.com/forum/Leaves-adjusted-against-notice-period-101910.asp#.U3X3-keBmXU
https://www.lawyersclubindia.com/forum/Not-giving-salary-for-the-last-2-months-48187.asp#.UqWXbtIW1MA
At Bangalore you can access Lawyers par excellence.
>>> If employer defaults on wages then it might have defaulted on PF,ESIC, TDS, Contribution for insurance, etc too………………………….
Employee can approach:
>>>Inspector under Payment of Wages Act; Applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the act……………………………….within 1 year.
Salary slip to all employees duly signed by both employer and employee should be issued. Demand salary slip(s) of all months.
All employees can lodge a common complaint for recovery and Inspector may issue FormN.
You may refer to: Payment of Wages Act; Sec: 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit requisite Form for recovery of wages.
>>>Inspector under –Karnataka Shops and Commercial Establishments Act, Small Enterprise Act………….
One of the duties of the Inspector is to ensure that wages are paid on time and FNF of separated employee is also done properly and in time.
All employees can lodge a common complaint for recovery and Inspector may issue FormN.
However until you and your lawyer have carefully gone thru Sec:39(7): and other subsections in Sec;39, refrain from quoting it……………………..on your own.
>>> O/o Labor Commissioner;
The Labor Inspector might also be officiating as Inspector under Payment of Wages Act, Inspector under Karnataka Shops and Commercial Establishments Act, Small Enterprise Act…………………………..however you may lodge separate complaints mentioning the enactments separately.
----Employees Unions e. They may help you.
--- Trade Unions: CITU, INTUC, AITUC, BMS and local trade unions………
----RPFC thru nearest PF office.
Does the company supply PF number, PF a/c slips for each year/or E Passbook? It has to.
----ESTC Inspector in jurisdictional ESTC office………….
(Applicable to all employees drawing wages up to Rs.15000/pm as per def. of wages in the ESI Act)
--- Form16: --ITO-TDS where you file ITR and jurisdictional CIT-TDS where you company files ITR. Non issuance of Form16 by deductor (employer in your case) is offence and employer can be penalized.
----Lawyer/Law firm
---Civil Court
Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV
https://www.lawyersclubindia.com/forum/Full-n-final-settlement-100310.asp#.U0AEW0eBmXU
--ITO-TDS where you file ITR and jurisdictional CIT-TDS where you company files ITR. Non issuance of Form16 by deductor (employer in your case) is offence and employer can be penalized.
>>> You may proceed under the expert guidance of your lawyer. The lawyer that has seen all docs and examined the inputs in person can advice you the best.
Apparently you have a good case.
