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Mahesh   29 June 2015

Notice period

Hi All,

I am Mahesh Patidar, currently working in one it company in Bangalore

I joined here one year back.

exectly i joined at 1 march 2014 but got the offer letter at 1 july 2014. while joining they told me to give 3 months training first. later ll get permanent. but i got offer letter after 4 months of struggled. and in that offer letter they did not mention any thing about my training period(means my 4 months got spoiled). and in the offer letter , they mentioned NOTICE PERIOD (ATLEAST 6 MONTHS). that time i was a fresher and i did not much about the notice period, so i signed it. and whatever they told about the salary. in that also they cheeted me. Actually the company's environment is too bad. CEO abuse to employees every time and tell the employees to sit and do the work atleast 20 hours in a day. in a true words(THIS COMAPNY IS REAL HELL IN INDIA) but no one approach to him due to his good connections. and because of atleast one year of experience. I also worked day and night in this company without good salary. now i want to resign from this company but i know as like every employees they will give me lot of trouble and will not give me releaving letter and i am really not able to serve the 6 months more in this company.

Please help me By giving a good suggestion to get away from this company. I will be lifetime thankful for you. Thanks in advance

 

 



Learning

 5 Replies

Tanu Yogendra Oza (Founder)     29 June 2015

If u have signed any bond then you will have to follow the conditions legally. If there is no bond signed then simply wait till your salary get cleared and give them written notice through registered letter /email to HR citing valid reason for leaving job. If you dont serve the notice period then they have right to not give you releaving letter. If you are confident about your skills then leave the job. There are very few things in your favour legally. You can send your complaint about the company to labour department too

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 June 2015

You have already signed on the employment agreement it seems. so read the contexts of the agreements carefully and signed by you. It means you binded with the conditions. So do not comment cheating etc.etc....

Devaraj Krishna (Legal Practitioner)     29 June 2015

The standard number of weeks of notice is  2 and 

The employee's number of years of continuous service for the purpose of termination 1.2547945205479

Devaraj Krishna (Legal Practitioner)     29 June 2015

The standard number of weeks of notice is  2 and 

The employee's number of years of continuous service for the purpose of termination 1.2547945205479

Kumar Doab (FIN)     29 June 2015

Ill informed, non united employees are prone to harassment.

There are many IT/ITeS employees union now in Karnataka and they have done a good job and have also affiliated with trade unions like CITU/INTUC/AITUC/BMS etc…………..

You can approach them, your able Labor Law Consultant/Service matters lawyer/Law firm, Labor Inspector, Inspector appointed under  by Karnataka Shops and Commercial Establishments Act, Payment of Wages Act, o/o Labor Commissioner………………….Officials of Dept. of Labor……………

The list of unions and officials are available on website of  Dept. of Labor, Karnataka.

 

Were you paid any salary for initial 4 month’s of training? If yes then it itself is evidence of employment. Did you attend any classes for training or worked like a regular employee? Do you have any record of work done during training? Or do you have any evidence that NO Training was provided, that added to you qualification or extra ordinary skills?

 

If no such certified training from some certified Institute was provided then the BOND may be unconscionable, unreasonable, illegal, VOID!

 

Moreover even if employer wants to recruit as ‘Trainee’/’Apprentice’…………………….it has to issue a written order clearly stating what would be the relationship, duties, compensation, intent , service rules etc.

Management can appoint Trainee under Management’s standing orders or apprentice under Apprenticeship Act.

If employer claims you were ‘Trainee’ then it has to admit that it has certified standing orders and these shall decide service conditions and shall prevail upon appointment letter. A certified copy has to be displayed and supplied to employee.

 

Service certificate has to be supplied to all employees including those who might have signed say BOND!

Relieving letter signifies that nothing is due towards employee.

 

In Karnataka (Bangalore) IT/ITeS companies are covered by Karnataka Shops and Commercial Establishments Act that was enacted to govern the service conditions of employees working in such establishments.

Karnataka govt has made it mandatory for each establishment to have GRC.

As per Sec:6A appointment letter has to supplied to all employees upon joining.

The notice period of 6 months is beneficial for employer but detrimental to employee.

The salary that has been inserted in appointment letter has to be paid! If it is not paid then it is breach by employer and contract and conditions like notice period should loose its sanctity.

 

Karnataka Shops and Commercial Establishments Act, work hours are:8/day…….48hrs/week and beyond it OT @ double wages is applicable. If it is not paid then it is breach by employer and contract and conditions like notice period should loose its sanctity.

Then there is capping on OT. 20hrs/day is sadistic …………….criminal!

Hope you have evidence of OT demanded by employer and if yes then you can lay a claim to OT.

If work atmosphere is bad, employers/Managers are rude,rowdy,insulting,abusive,harassing……………… it is breach by employer and contract and conditions like notice period should loose its sanctity………………………and everyone can b epenalized/punished. You need to collect evidence (audio/visual/witnessed/minuted).

 

 

 

 

 

 

 


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