Learned experts/members have given valuable advice. Kindly follow it.
You are in which state??? In which state is HO/redg. office of your company??
Employee should always consult elders in the family, competent and experienced well wishers, lawyer /law firm before acting in haste. An ill informed employee is hapless and sitting duck. Although there are exceptions but usually Line management/HR takes undue advantage of such employee.
Were you serving probation period at the time of resignation?
Two months notice period during probation seems to be unreasonable.
In addition to the Industrial Disputes Act, 1947, several states also provide for compliances under the Shops & Establishment Acts, Standard Standing Orders Act, ……. So, if the employee falls within the definition which has been provided under the said enactments, then he would be protected to that extent.
Some states had provided blanket exemption from the provisions of IESO Act to IT companies and some had not.
State of Karnataka has instructed all IT companies to submit their draft standing orders with Dec 2012 for certification within March, 2013.
First of all you may check if your state had granted exemption from IESO Act or not.
If not and standing orders have not been certified for your company Model Standing Orders shall apply.
As per provisions of IESO Act/Model standing orders, notice period is not applicable to trainee/probationer…..
13. Termination of employment:
As per SE Act of some states if period of service is less than 3 months no notice period is applicable e.g. SE Act Delhi, and max. notice period is 15days/1month.
30. NOTICE OF DISMISSAL.:
(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 whereas the notice of one
month under sub-section (1) is for the benefit of the employee, the notice under sub- section (2) is
for the benefit of the employer.
The clause on notice period mentioned in your appointment letter is obviously for the benefit of employer. This clause may be claimed/termed void to that extent.
The SE Act applicable to your state, IESO Act/Model Standing Orders, ID Act etc may be available at Dept. of Labor website of your state.
Company may claim that you do not fall within the category of workman, and plead for Specific relief Act.
However firstly: SE Act does not indiscriminate between workman and non workman and is applicable to all employees, and secondly designation alone does not decide employee is a workman or not.
Your lawyer may ask you a set of structured questions and opine that you fall within the category of a workman. From your designation it appears that you might be covered within the definition of a workman.
However let the opinion of your lawyer be final on it and all points discussed in this post.
You have posted that:
--“ I accepted an offer with an IT organisation and did not sign any Service Agreement or Contract.”
Probably you mean to say that no service agreement/bond was signed by you.
--“ My reason to leave the organisation is I was recruited for a post and job that suits my profile but after I joined I was assigned with something else which no way suits my profile. Also I was ordered to come in a shift where I have to stay until 10.30 PM which was not informed to me while recruiting me.”
You should submitted your gentle dissent on it to the good offices of your appointing authority, MD, Company Secretary, Chairman and thus you could have built a record in your favor, and later you could have claimed that company violated the contract signed by it, and is unworthy of being employed with. Company would have either replied to it or would have maintained studied silence.
Or you could have narrated it at least in your notice of resignation/resignation along with the representations you have made on this to lien management/HR etc with date of representation, and names/designation/Dept/ address of company officials etc…
Thus you could have placed on record that it has violated its contractual obligation.
---“ Then I decided to resign and had a discussion with my manager and HR on 8th June 2012 and submitted a formal resignation in company's exit portal.”
Resignation is a personal matter and should be sent by letter thru redg. post under acknowledgment.
Even if the company has its internal portal it does not mean that employee can not detail the reasons in the format of the exit portal and take a screenshot/printout.
From some of the posts it is understood that companies keep the format specific, limited as suitable to their needs and line management/HR can access and amend.
You may not be having a copy of the exit format submitted by you.
---“ After which they started threating me telling I have to pay compensation if I'm serving the notice period which no where mentioned in the offer letter.”
Is it a offer letter or appointment letter?
Offer letter is issued after selection and appointment letter upon joining.
Have you submitted any joining report, and marked attendance.
--‘ Notice For Termination:
"The written notice required for termination of employment will be two months notice by either party. You would be required to serve the stipulated notice period and early release would be at the sole discretion of the Management. In case you leave your employment without giving requisite notice, no relieving letter will be issued and settlement of dues will be at the sole discretion of the Management. However, under organisations disciplinary procedure your service can be terminated without any notice period."
Service conditions are governed by certified Standing orders of the company, appointment letter, statue….as discussed above.
Without any hesitation you may approach a competent and experienced labor consultant/service lawyer and send a fitting reply to the legal notice.
