The company should have supplied the complete process of handover/`exit process/submission of company property/stock required to be completed by employee in writing.
Reliving letter is issued post completion of all exit formalities and signifies that employee has been properly relieved and nothing is due against him
Pay day for FNF dues/wages: Usual pay day.
Company should supply correct FNF statement for acceptance of its correctness by employee.
The mention of word releasing letter in subject line can be by oversight.
The letter issued to you is work experience/service certificate.
You have offered to tender notice pay by adjusting it in FNF dues. Ideally company should adjust notice pay @ Basic + DA……
You were in stores.
Has the company supplied the FNF statement showing any recovery from you or has it ever called you to visit its office for handover of stock in store or has it levied any charge for shortfall in stock to be explained or compensated by you?
If NO, why should it deny the settlement now and you may demand correct FNF statement, payment of FNF dues by bank DD only, Form 16 as per correct FNF statement, PF number, PF a/c slips for full tenure of service, reliving letter ( if not supplied till date), etc…………………so as to reach you in say………..days by redg. post only.
You may add that postage prepaid (as purchased from PO) self addressed envelope is enclosed for supplying the documents and DD to you.
Company may accede to your demand or dazzle you with its demands.
In addition to the Industrial Disputes Act, 1947, states also provide for compliance's under the Shops & Establishment Acts, Standard Standing Orders Act……. If the employee falls within the definition under these enactments, then he would be protected, up to that extent.
You have the option of:
------- lodging a complaint with Inspector under Payment of Wages Act (applicable to all employees drawing wages up to Rs.180000/pm),
THE PAYMENT OF WAGES ACT, 1936
{Applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act}
2. Definitions:
3*[(vi) "wages" means…………..
(d) any sum which by reason of the termination of employment of the person employed
is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;
5. Time of payment of wages.
----------Inspector under Shops and establishments Act of the state of Delhi, { applicable to all employees}.
The notice of resignation is max. 1 month.
30. Notice of Dismissal: COMMENTS
(a) Applicability of section 30:
In the absence of any standing orders or any contract between the employer and the contesting respondent containing any particular terms or conditions, the conditions of service of the employee relating to his employment in an establishment at Delhi are covered by section 30(1) of Delhi Shops and Establishments Act, 1954
(b) Notice or wages in lieu thereof under section 30—When to be given?
A plain reading of section 30 of the Act would make it clear that……………… the notice under sub- section (2) is for the benefit of the employer.
{Obviously the 2 month’s notice period is for the benefit of employer.}
37. Powers and duties of the Inspector:
(b) Duties of the Inspector:
(i) that in dispensing with the services of an employee the provision of the Act and Rules
have been complied with and no dues payable under the Act or Rules have been
Withheld;
{You may approach the Inspector for relief.}
------- --The designation alone does not decide employee is a workman or not.
Your lawyer may ask you a set of structured questions and may opine that you fall within the category of workman.
You may go thru the standing orders of the company/model standing orders:
13. Termination of employment:
.--(1) For terminating employment of a permanent ……. one month’s notice in the case of monthly-rated workmen and two weeks’ notice in the case of other workmen: one month’s or two week’s pay, as the case may be, may be paid in lieu of notice.
(2) No temporary …..and no probationer …. shall be entitled to any notice or pay in lieu thereof if his services are terminated
{Implies notice period is not applicable to probationer}
11. Payment of wages., 15. Complaints.--
16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.
17. Liability of 17[employer].-, 18. Exhibition of standing orders.—
-------Civil Court.
It shall be appropriate to show all of your documents, including standing orders of the company, appointment letter, all communications exchanged with company, etc to a competent and experienced labor consultant/service lawyer, give inputs in person and proceed under expert advice.
