Resigned without relieving letter and no notice period serve

What is this establishment: Commercial or Industrial?

The company would have displayed its registration certificate near entrance/on notice board.

You are in which state and HO/redg. office of the company is in which state?

 How was the salary paid to you: by bank transfer, cheque, cash voucher………and how did you mark attendance? Do you have any proof of employer-employee relationship?

Have you submitted resignation in writing and under acknowledgment?

 

 

Dear Sir, Thanks for your reply. In reply to your question, I would like to state that it is a dealership of a leading automobile industry. I was working in Durgapur, one of the branches of the company and its Regd. Head Office is in Kolkata where I live right now with my family. My salary was paid to me every month by cash. My attendance was marked every day in a sheet of paper. I have submitted my resignation in writing in which I have also mentioned that I have not served any notice period to the company. Now what should I do, kindly suggest ??

 

You have posted that:

 

------“ I was working with XYZ Company for about 6 months, without any offer letter or appointment letter”

 

The service conditions are stated in certified standing orders of the company extended to the designation of the employee, appointment letter, statue…………………….. Industrial Employment Standing Orders Act/Model Standing Orders……………

 

The service conditions stated in standing orders can not be negated in appointment letter.

If standing orders are not applicable to the company and/or have not been extended to your designation, and no appointment letter has also been issued to you and accepted by you the condition of notice period/pay is not applicable to you.

  

Notice period is also stated in (name of the state) Shops and Establishments Act…………..

 

If Durgapur is in West Bengal: You may go thru West Bengal Shops and Establishments Act:

 

Your company must have registered its office(s) and must have registered registration certificate near entrance/notice board……………Section: Displayed/Not displayed

 

And :

 

Notice of termination of service:

• A person who has been in continuous service for not less than one year shall not be terminated without giving one month's notice in writing showing the reasons of such termination

You have worked for < 1year hence no notice period is applicable if your are terminated by employer. By principle of equitable discretion if you terminate employer-employee relationship no notice period should be applicable.

  

Employee should tender some reasonable notice (preferably by redg. post)and avoid abrupt termination.

The notice of resignation should be carefully drafted and structured and it should be highlighted that no task is pending and to whom charge/company property (if any including visiting cards, I.Card, workstation computer etc….) should be handed over.

Employee should handover charge under proper acknowledgment.

 

In case of dispute you can agitate at last location in company: Durgapur or location of HO/redg. office of the company i.e Kolkotta…………….

 

-------“ My salary was paid to me every month by cash. My attendance was marked every day in a sheet of paper.”

 

“I was working with XYZ Company for about 6 months, without any offer letter or appointment letter,”

 

Keeping records:

• Every shopkeeper and employer maintain and keep register of employees in prescribed manner
• Every shopkeeper and employer shall furnish every person employed with a letter of appointment in such form as may be prescribed

 

 

--------Does the company supply salary slip? It should be signed by both employer and employee and a copy should be supplied to employee…………….

 

Employer should obtain receipt from employee and maintain record for three years. 

THE PAYMENT OF WAGES ACT, 1936

 

6. Wages to be paid in current coin or currency notes.- All wages shall be paid in current coin or currency notes or in both:

5*[Provided that the employer may, after obtaining the written authorisation of the employed person, pay him the wages either by cheque or by crediting the wages in his bank account.]

 

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.]

 

 

THE MINIMUM WAGES (CENTRAL) RULES, 1950

 

26.  Form of registers and records.

(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 1 {register of wages} and wage slip.

(4)  Entries  in  the 1

{register  of  wages}  and  wages  slips  shall  be  a  authenticated  by  the

employer or any person authorized by him in this behalf.

 

 

-------" I have submitted my resignation in writing in which I have also mentioned that I have not served any notice period to the company."

It is difficult to make out from your language what exactly you want to state?

If you have stated that no notice period is being tendered then:

aparently as per the points discussed above no notice period is applicable. hencew you may succeed to claim that since it is not applicable you have not tendered it.

-------"now the manager is asking me to come back and work again for a week "

If you agree you may handover the charge/compnay property and obtain acknowledgments etc............

You may demand wages for the period  worked.

If manager does not isue acknowledgment you may keep witness, audio/visual record, and update by even ifg by email that you have handed over the charge etc and nothing is pending.....................

Consult elders in the family and a local lawyer.......................

Trade union in your state are quite active.You can seek their support also.

 

 

 

Dear sir

I was working  with a private bank as a clerk and i tool medical leave of 80 days during my tenure in that bank. after that i got selected in goverment bank as a probaationary officer.but in my relieving letter private bank mention ki i was absent for 80 days and my attitiute was not good. Now my new goverement bank kept my joining on hold,,,, goveremtn bank has writtent letter to private bank for clarity on rleivening letter...but private bank is not replying....goverment bank said they willl not give me joining untill they  got clarity and reply of  letters from private bank what to do in this case?????????????????????