LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Krishna (Analyst)     08 May 2013

Not relieving from the ogranization,please help.

Hi ,

My wife is working with one of the small organizations(head count of less than 15) which is in to staffing and consulting. She has resigned from the organization effective 23rd april and requested for a release serving a month of notice. But the organization is not ready to relive her by that date and she has been asked to serve a notice of 3 months, though there was no official communication for the employees on the notice period.The interesting part is they have not issued the offer/appointment letter as well. Hence, there is no way she is aware of the notice to be served in the company .The organization is harassing her to leave the org without exp letter or to forcefully make her work for 3 months. They say they will provide offer letter,reliveing letter once she serves the notice of 3 months , which is not viable for her. Another intersting aspect is they mention 'false' salary figures than what they actually pay thier employees, this has been observed with thier x employees.We need a proper relieving and exp letters ,as she has already commited to other prospects.

 

We really need help/suggestion now, please help us to overcome this.

Thanks,

Krishna Prasad H



Learning

 3 Replies

Kumar Doab (FIN)     08 May 2013

 

Pls provide some more details….

The lady is in which state?

The HO/Redg. office/corporate office of the company is in which state?

Does the lady have evidence to prove the employer-employee relationship e.g. pay slip, official communications, attendance record, PF slips, ESIC card, I.Card etc…?

 

As no offer letter/appointment letter has been issued and signed and accepted by employee containing any clause on notice period/pay hence no such condition is applicable to employee and employer.

 

Notice period is part of service conditions. Service conditions are regulated by standing orders of the company, contract of employment/appointment letter.

In case of company is question probably there are no certified standing orders, and as posted by you no contract of employment/offer letter as well.

 

Notice period is mentioned in Shops and establishments Act of the state also.

The max. Notice period in this enactment is 1 month.

1month is sufficient for the employer tom put his house in order.

 

The demand of 3 months notice period is certainly for the benefit of employer and detrimental for the employee.

 

1 Like

Krishna (Analyst)     08 May 2013

Hello sir,

Thanks for the reply. She is from bangalore,karnataka. The organization is from bangalore as well.Yes she has the official communication(emails) list and also her salary account (statements) which is C/O the organization that she is working for.

 

Can you please suggest as to how can we go about the situation ?

Thanks.

Kumar Doab (FIN)     08 May 2013

 

Companies post salary etc in expenses and have to file quarterly return.

 

Inspector under Shops and Establishments Act, Payment of Wages Act can call for records.

 

In addition to the Industrial Disputes Act, 1947, states also provide for compliance's under the Shops & Establishment Acts, Standard Standing Orders Act…….

 

 

You may go thru:

 

------Karnataka Shops and establishments Act

 

Section: 2 Definitions: (e), (g) (h)

 

6(A) Issue of Appointment Orders;

 

 

18, 29, 30, 34,

 

39: Notice of Dismissal: Notice period is max. 1 month.

 

Experience/service certificate, FNF statement for acceptance by employee, Form 16 as per correct FNF statement, PF number/account slips, ESIC card ( Eligibility for wage up to Rs.15000/pm as per def. of wages in ESIC Act), FNF dues by usual pay day,  shall have to be provided.

Relieving letter is issued post all settlements by employee, and signifies employee has been properly relieved, and nothing is due against the employee.

The lady may submit notice of resignation in writing under proper acknowledgment preferably by redg. post ( avoid speed post/courier) narrating that no appointment letter has ever been issued and no T&C on notice period/pay are ever issued to her and accepted by her. She is submitting notice of resignation with notice period of one month and effective date of resignation/last day in office shall be dated…………and acknowledgment and acceptance of notice be supplied to her immediately.

 

The employer may ensure all formalities related to handover of charge/submission of company property may be completed within and up to this date and routine work may be assigned to her which can be completed within and up to this date of dated……….

The FNF statement/FNF dues by bank DD and relieving documents and other documents work experience……(as mentioned above) should be supplied within office hours of dated…………..

 

She may submit company property/handover charge under proper acknowledgment, and submit final resignation on last day in office under proper acknowledgment.

 

 

 

 ------Payment of Wages Act, 1961 (applicable to all employees drawing wages up to Rs.180000/pm),

 

 

Definitions:
3*[(vi) "wages" means…………..

 

 

{ Rate of wages or salary………..( Here the question arises what does your salary include to satisfy various act including but not limited to Section 17(1) of the Income tax Act, which only your employer can answer.}

 

 


(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;

 

3. Responsibility for payment of wages.-

 

4. Fixation of wage-periods.-

5. Time of payment of wages.

 

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.]

 

 

15. Claims arising out of deductions from wages or delay in payment of wages and

penalty for malicious or vexatious claims.

 

16. Single application in respect of claims from unpaid group.

 

 

 

 

 


Attached File : 83158158 karnataka shops and commercial establishment act.pdf, 83158158 payment of wages act 1936.pdf downloaded: 96 times

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading
Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query