If notice period/pay is not stated in appointment letter you may claim it is not applicable in your case.
There is some confusion in understanding and interpretation of clauses in appointment letter issued to you.
>> Notice period/pay is part of service conditions stated in standing orders applicable to the company (Certified/Model), statue, appointment letter/contract of employment…………and is also stated in Shops and Commercials Establishments Act of the state.
BPO companies are covered by Shops and Commercials Establishments Act.
Since company and you are located in Noida you may look into UP Shops and Commercials Establishments Act which might be available at the Dept. of labor website of UP or you can buy the latest version from market.
“20. Termination of employment by an employee.—(1) No employee, other than an employee engaged for a specified period or in a leave vacancy, shall terminate his employment, except after notice of thirty days, or of such longer period, as may be required under the terms of his employment.
(2) Where an employee fails to comply with the provisions of sub-section (1), his unpaid wages for a period not exceeding fifteen days may be forfeited to his employer.”
>> Since the employer disburses OT, leave encashment, Bonus, Gratuity etc @ Basic+DA therefore it is believed notice pay should also be @ Basic+DA. In case of private establishments as Da is not granted so it should be Basic.
The UP Shops and Commercials Establishments Act also suggests Basic Pay therefore it should be Basic Pay in your case.
You may go thru:
6. Hours of work and overtime.
Since there is a weekly holiday/off day (e.g. Sunday) the employee works for 26 days in a month but weekly off is also a pay day.
Hence to arrive at 1 days’ wages monthly wages are divided by 26.
>> Are you aware at what rate the employer tenders notice pay if it terminates the employment.
The conditions in the appointment letter should be equitable.
Go thru your appointment letter carefully and show it to elders in the family, competent and experienced well wishers, trade union leaders, lawyer/law firm and proceed under their expert advice. Let them draft your communications to the company.
>> Instead of making the payment of notice pay by cheque/DD/cash, affirm in writing that notice pay (if applicable) and stated at clause number …………….. in appointment letter dated……………….. issued to you be adjusted in FNF statement and correct FNF statement be supplied to you by redg. post only for verification and acceptance.
Or let the company demand in writing the payment of notice pay from you.
>> The employer should provide the acceptance of resignation, service certificate, relieving letter, service certificate, correct FNF statement, payment of FNF dues, form16 as per correct FNF statement, PF number, PF a/c slips for entire tenure of service, ESIC card , salary slip of all months of employment…………………
If FNF statement issued to you is incorrect you may point out the errors and decline to accept the FNF statement and settlement in writing.
>> What exactly you wish to specify by mentioning that “The Company is listed on 'Nascom'”?
Has the company stated in appointment letter that the new joiner/employee shall have to register with Nascom or at NSR or Nascom?
Have you registered your profile at NSR?