The letter given to you is offer letter or appointment letter?
If appointment letter is not issued even after a month it amounts to unfair labor practices.
You have not drawn any salary also……..
------Were your services under probation while you resigned? If yes 2 month’s notice period under probation is highly unreasonable.
IT/ITES companies are under the purview of Shops and Commercial Establishments Act of the state. This Act is applicable to all employees and does not indiscriminate between workman and non workman. The Act and contact details of the Inspector/Chief Inspector may be available at the Dept. of labor website of the state……….
e.g.;
SE Act Delhi:
30. Notice of Dismissal:
(2) No employee who has put in three months’ continuous service shall terminate his employment unless he has given to his employer a notice of at least one month, in writing.
{This implies for service below 3 month’s no Notice period/pay is applicable.}
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.}
Did the company mention any performance pay, incentives, commission in offer letter, CTC sheet?
The company was not able to provide any tasks and hence work to employee, thus it was not bale to live up to its contractual obligations. Hence it became unworthy of being employed with. In such a case out of shame, company should on its own waive off notice period be it probationer or any other employee.
34. Employer to furnish letters of appointment to employees:
Failure to issue appointment letters under section 34 of the Act to the employee amounts to ‘unfair labour practice’ resorted to deprive them of the benefits which accrue to them due to the length of their service;
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 payment of wages of the period you have worked}
-----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:
(2) No temporary workman whether monthly-rated, weekly-rated or piece-rated and no probationer or badli 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.--All complaints arising out of employment including those relating to unfair treatment or wrongful exaction on the part of the employer or his agent, shall be submitted to the manager or other person specified in this behalf with the right of appeal to the employer.
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.—
------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.
6. Wages to be paid in current coin or currency notes.
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.]
You may approach a competent and experienced labor consultant/service lawyer and lodge a compliant under SE Act, ID Act, Payment of Wages Act/or as deemed fit at your end and proceed under expert advice of your lawyer.
