Notice Period

1.     You have raised two points:

---Notice Period::; This is part of service conditions and is stated in appointment letter drafted by employer and signed with employee………………………..and various enactments applicable to the establishment and employee……………….

e.g. ( name of the State) Shops and Commercial establishments Act that was enacted to govern the service conditions of employees working in such establishments and IT companies are covered by this Act.

Hence if you are covered as  per def. of ‘Employee’ in this Act then in NO STATE as per this ACT notice period is above 30 days depending upon length o the service.

Standing Orders are also applicable to IT companies and if standing orders are not certified Model Standing Orders shall apply.

Sec;13 Notice period during probation is NIL and after confirmation of service it is 30 days……….

Any service condition that is inserted by employer in any private agreement drafted by employer and signed with employee, that is inconsistent with service conditions an per these ACT/Statue/Instrument of law shall not survive…………………..

Employer personally shall be held responsible for violation of these enactments.       

There are many threads that you may find relevant e.g;

In the meantime you may go thru following threads and you shall be absolutely clear:::

https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UwDFP0eBmXU

https://www.lawyersclubindia.com/forum/details.asp?mod_id=85821&offset=1#.Uf4_JNKAqWM

https://www.lawyersclubindia.com/forum/Notice-period-nad-absconding-employee-92345.asp#.UpMpStIW1MA

https://www.lawyersclubindia.com/forum/Mnc-issuance-of-experience-certificate-re-leaving-letter-92229.asp#.UoiogdKAqWM

https://www.lawyersclubindia.com/forum/One-sided-notice-period-92171.asp#.UoiondKAqWM

https://www.lawyersclubindia.com/forum/Query-regarding-relieving-letter-and-continuity-bonus-92151.asp#.Uoio6NKAqWM

https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UoSg3nCAqWM

 https://www.lawyersclubindia.com/forum/Notice-period-92146.asp#.UoTD33CAqWM

 https://www.lawyersclubindia.com/forum/Notice-period-issue-109495.asp#.VCA5gpSSwb8

---6  Months service agreement as per some On site Travel……………………..

What is this onsite travel:::: some certified training programme from some Instt. that is sponsored by employer?

If NO there should be no ground for enforcing such agreement.

It is felt that in such ON SITE Travel the employee is asked to travel to another location (domestic/foreign) and his services are billed, employee generated revenue for employer and employer earns out of it………………………….Thus it is no extra Ordinary favor too by employer to employee………….

1.     Another issue  raised by you is that employer is apprehensive that employee may join some competitor.

NON Compete Clauses/agreements may very well operate during tenure of employment but once employment is terminated these are not enforceable in India and Indian courts of law have consistently been declining to enforce such clauses as it hits right to earn livelihood and clauses of Indian Contracts Act…………………

There are many threads on NON Compete also.

https://www.lawyersclubindia.com/forum/Re-Clarification-regarding-service-bond-agreement-breach-50619.asp

https://www.lawyersclubindia.com/experts/Payment-of-indemnity-bond-419196.asp#.UiNgTNKAqWM

2.     If you do not want to rake up the issue then spend another 3 months and get relieved. If the company has declined to accept notice period of 3 months then let them state so in writing and start paying you the salary on usual pay day month after month.

3.     Even in such case it shall be appropriate to show the job advt, interview call letter, selection letter, offer letter, appointment letter, onsite travel agreement, notice of resignation, and any other communication on record etc to an able Labor Law Consultant/Service Lawyer and proceed under expert advice of your lawyer.

4.     The issues is that employee’s either do not unite or do not become members of unions do not form ‘Work’s Committee’/IC/GuilD,,,,,,,,,,,,,,,,,,,,,,and are ill informed to handle their issues……………………..then they are apprehensive to approach unions and lawyers even when they suffer…………………

So many employees post their matters but few of them learn how to deal with such issues effectively e.g;

https://www.lawyersclubindia.com/forum/Holding-of-salary-in-notice-period-of-two-months-109150.asp#.VBxRoJSSwb8

Are you aware that  ‘‘Work’s Committee’ is an authority under ID Act and employee’s can negotiate service conditions with employers……………………………..and that Chairman/President is from Employee’s side and the committee has equal number of employee’s as members?????

5.     You are located in which state?

The redg. office/HO of the company is located in which state?

How many persons are employed in it?

The company has issued offer letter or appointment letter both? Has the notice period of 3 months been stated in offer letter or appointment letter?

Does it have its certified standing orders and has it extended it to your designation?

Does Industrial Employment Standing Orders Act/Model Standing Orders apply to it and does it cover your designation?

What is  your designation and nature of duties?

6.     The IT employees have now female employees unions and employee’s unions and trade unions like CITU< INTUC, BMS, AITUC are willing to embrace IT employees……………………..and united forums are best forum to address employee’s issues….

https://www.itecentre.co.in/

https://ithiworld.wikispaces.com/News+Update

IT/BPO Voice of India | Facebook

UNITES Professionals

www.unitespro.org

https://www.wbitsa.org/

www.itpfindia.org/‎

https://itnitesunion.wordpress.com/author/itnitesunion/

Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)

mankar.janardan@gmail.com

________________________________________

https://www.shivsena.org

https://www.amrc.org.hk/node/1088         CBPOP

https://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html

https://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx

https://www.dnaindia.com/mumbai/report-shiv-sena-forms-first-union-in-information-technology-sector-1465435

Shiv Sena forms first union in information technology sector

However discuss everything with elders in your family and choose the option that suits your aptitude.

Many Thanks Kumar, your response was really helpful and has enlightened me. This is exactly what I was looking for. To answer your questions:

1. By law, since my appointment letter states a maximum of 3 months notice period which I have already served, I am clean.

2. I have travelled onsite on purpose of Project work and there was no training cost for me. All the time I was at onsite, I was billable and a price for my services was paid by the client to my employer.

3. So I understand that the 6 months clause is not applicable for me as per the onsite travel agreement.

4. And on the same lines (and as per the docs attached by you), the non compete clause/agreeement terms which are part of the onsite travel agreement will not be applicable for me after I complete my employment with by current employer.

I will take some time to think and see what to do. As I said I am not in a hurry to join anywhere, but at the same time I am tired of warming the seat at work. :)

Thanks Again.

Your appreciation is well taken.

It is appreciated that you do not want to act in haste. Employee should always consult well in time and in advance and should never act in haste.

Take your time to go thru the threads posted above and attachments and judgments including from constitutional bench of Supreme Court of India.........................

Do form a community and be part of communities of employees in your trade.....................

Suggest forums like LCI and others  to other employees too...........................

Always take some time to show the agreements/clauses that you have to sign to an able Labor Law Consultant/Service Lawyer..................................and seek advise...............................before you sign on the dotted line.

In your trade where employees have to sign on various clauses/agreements drafted by employer it is better to retain access to an able Labor Law Consultant/Service Lawyer, employee's/trade union leaders.

Wish you all the very best.

Hi Kumar, 

Your input till date have been very helpful. I am peacefully serving the 6 months notice period and getting my salary on regular basis. Just came up with an other issue. Though of taking your opinion.

Attached is a copy of the onsite undertaking that I have signed which includes the clause of 6 months and because of which I am held back for 6 months. I have got two queries regarding this.

1. I will be asked/demanded/forced to sign this on the day of leaving. On denying I wouldn't be given my release documents. I am not willing to sign anything anymore. What should my actions be in the situation where I will be forced to sign for getting my release papers.

2. How valid is this undertaking legal by law and to what extent? Can I take a chance of signing and repeating the same mistake again?

Warm Regards