Let us once again try to give a complete solution for employees of your trade in thread initiated by you.
Has your service been confirmed in writing?
What is your designation and nature of duties?
You are unnecessarily being dribbled between HR and Line Management to serve their self single minded interest and suffering harassment. The threats of HR, Line Manager can have highly damaging, long lasting effects on your employability, career, ability to earn your livelihood.
Frankly speaking such HR personnel, Line Managers are not fit to bee left to loose around in a civilized society.
Surprisingly in your case also ‘Employee’ is walking out of employment with stigmatic effects!
The question once again arises why ‘Employee’ suffer and why ‘Employers succeed to continue to litter nuisance?
The answer is as simple as that ‘Employee’ and especially in your trade are ill informed, fearsome, and not united!
While the trade unions have been more than willing to embrace employees in IT/ITeS sector!
Had the employees been united you would have formed IC’s, ‘Works Committees’…………………..
Are you aware that ‘Works Committee’ is an authority as in ID Act and President of the Committee is on rotation from Employees and Employer and it has equal number of members from employees!
The Industrial Disputes Act, 1947: INDUSTRIAL DISPUTES ACT, 1947
Indus
CHAPTER II: AUTHORITIES UNDER THIS ACT
3. Works Committee
Such matters including service conditions e.g notice period/pay, standing orders are to be negotiated between employer and employees!
Unite and this shall be the only and only recourse in the long run.
The employer sin your trade are united. If employees do not unite they shall remain enslaved, although the bonded labor has been abolished. However due to lack luster attitude of employees they shall remain enslaved, facing harassment, exploitation, suppression although there are enough laws on their side.
Employees especially in your trade should retain access to Labor Consultants/Service lawyers.
The employees in your trade had initiated drives to unite and succeeded in ending the blanket exemption granted to IT sector from the provisions of Industrial Employment Standing orders Act.
All employers were directed to submit draft standing orders foe certification and till then Model Standing Orders shall apply. As per Model Standing Orders; Sec13-18……………………..notice period during probation is NIL and after confirmation 1month only and service certificate is to be supplied to all employees on last day in office.
Community of Employees is huge vote bank that no Govt. can ignore. Trade Unions are willing to embrace you. You can achieve anything.
The IT/ITeS companies are covered by Shops and Commercial Establishments Act and standing orders are applicable.
Designation alone does not decide worker shall be covered as ‘Workman’ as in ID Act, ‘Employee’ as in Shops and Commercial Establishments Act or not!
The service condition on notice period/pay is not equitable for employer and employee. It hampers your interest to source any other employment if next employer grants 1 month joining time.
1month notice period by all counts is sufficient for the employer to put his house in order.
Contract of employment should promote equitable discretion or it can be easily termed ‘Arbitrary’.
Since employer can terminate without notice, employee can also do so!
The clauses posted by you violate Karnataka Shops and Commercial Establishments Act; Sec39
Sub section:(1) As notice period is 1 month however notice period inserted by employer is 90 days.
Sub section:(7) As the conditions of notice period are less favorable to you and are highly favorable to employer and are not certainly equitable.
In another thread the employee has posted that the Chief Inspector under …………… Shops and Commercial Establishments Act ONLY shall be applicable e.g;
https://www.lawyersclubindia.com/forum/Employer-not-relieving-employee-contt-89308.asp#.UkP5C9KAqWM
Moreover the employer can not terminate the employment before the expiry of notice period tendered by employee and there are many Supreme Court of India judgments supporting it e.g.
Supreme Court of India
Nand Keshwar Prasad vs Indian Farmers Fertilizers ...
11………………
https://www.indiankanoon.org/doc/1452145/?type=print
Once employee has resigned he has ended the employer-employee relationship.
Resignation can be without permission or notice.
In service conditions it has been inserted by employer that “including and not limiting to the recovery in lieu of notice period not served.” This may give you recourse that liquidated damages are limited to notice pay only.
You should take care to write that NO tasks/assignments are pending at your end as on date and notice period tendered by you is ………………days hence last date in office is dated……………………….and from this date…………………routine duties be assigned that can be completed on day to day basis within and up to dated……………………..(your last date in office) and to whom you should handover the charge within and up to dated………………………..(your last date in office).
Employee does not need any leave after expiry of notice period hence there won’t be any absence/abstainment/abscondment!
Absconder is a derogatory word………………………..and employee should strongly protest/agitate.
The company can deny to adjust leave days in notice period but shall have to encash leave in FNF statement/settlement.
All statements of HR and your’s posted by you are verbal or in writing including;
“that condition of your Grandparent is general due to old age”.
HR is no one and any one to pass such a comment. Why HR alone even employer himself is no one and any one to pass such a comment. HR is not your employer and is just another employee in the company.
Even if it is a general condition it is pious and moral and social and even legal responsibility of the wards to take care of their elders!
You may now submit all representations to good offices of appointing authority, MD, Chairman, narrating all representations made so far (mention dates, names, brief minutes…………………….including acceptance of HR that there is no dependence of work on you, effect on performance rating of manager as per conditions set by employer for manager and HR and hence the haraasment to you……………………………..condition of Grandparent is general condition, threat of coercion and charge of abscondment, denial of FNF settlement and relieving letter, ……………...etc) and build favorable record in writing with a copy to you. You can even address separate communication to these HR personnel, Manager……………………….Try and record such statements (audio/visual) for use at appropriate time in appropriate forum. IN this mean and selfish world the HR, Line Managers peruse their self centered interest then why any employee should also not defend his/her interest.
Request the good offices to ensure that all formalities are completed and you are relieved without any false allegation on you and in your personnel file, and acceptance of resignation, service certificate, relieving letter with good comments highlighting your achievements and contributions (mention these),correct FNF statement for verification and acceptance, FNF dues by bank DD only, Form 16 as per correct FNF statement, PF number-a/c slips of each year of service, salary slips of each month of service, ESIC card, NOC/NDC, etc is supplied to within and upto close of office hours on your last date in office by redg. Post/by hand!
You may also request you to allow to examine your service card and your personnel file maintained by the company on dated………………………(before last date in office).
You are very well within your rights to include the joining fellowship too!
Resignation is a personal matter and should preferably be submitted by letter thru redg. Post and can be followed up by emails from personal email.
What was the notice period tendered by you vide your notice of resignation dated Feb,28th? If it is April 30th then it is fine as you have communicated the last day in office! Otherwise you should have amended your notice of resignation! If you have stated it in office quote the representations!
The employer, Line Manager, HR is no one to set any date for you! Employee shall choose the date of retirement.
Have you chosen to submit resignation via some ’Resignation software tool’ of the company?
If yes you have given freedom of intervention to your line manager, HR via this software otherwise these personnel are usually not empowered by Board of the company to accept/reject the resignation!
Do you have the copies of resignation and its immediate acceptance?
You should have submitted resignation by letter!
You must get all documents without any adverse effect on you!
Your lawyer can structure your representations to cover the loopholes and shortcomings in your communications on record!
You may also approach local Labor Consultant/service lawyer along with copies of job advt., job application, interview call letter, selection letter, offer letter, appointment letter, salary slips of all months, Form16A, all communications exchanged by you in writing, list of all calls made by you and received by you (with dates, phone numbers, names and designation of company’s employees contacted, brief minutes of discussion), notice of resignation, acceptance of resignation,…………………………………..provide inputs in person and elaborate on nature of duties, issues, spend quality time with your lawyer, understand the merits and proceed under expert advise of your lawyer/law firm.
Lawyers are skilled in arbitration, mediation, conciliation and your lawyer may succeed to resolve the matter in your favor without the need of litigation.
