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Nimish (Web Designer)     05 July 2014

Notice period issue

Hello Friends,

 

I am working in Master Computech Pvt. Ltd at Dadar & now i want to leave the company as i got a better job somewhere else.

 

I don't have appointment letter or Offer letter & i want to join another firm so i told my boss on 27th June that i am leaving this job & my last working day is 5th July & boss told me ok we will see.


Now today my boss told me that u have to come few more days otherwise he will not going to give me salary for June month so is that necessary that i will follow his order ?

And my main question is.. Notice period is required or not ? when i don't have appointment / offer letter ? & What if he not paid me for June month ?



Learning

 10 Replies

Kumar Doab (FIN)     05 July 2014

>>> What is this company/establishment: Commercial, Industrial, Small Enterprise?

It should have displayed its registration Certificate at a conspicuous place e.g near entrance/on notice board! Or You may find out on your own.

What is its line of business; IT, ITeS,banking etc?

You are in which state?

Does company have an office at your location?

Does company have an office where you are right now?

Redg. office of the company is in which state?


How many employees are employed in it? 

What is your designation and nature of duties? 

Has your service been confirmed in writing? 

Since how many month’s you are working with this company?
Are you a member of employee's/ Trade Unions?


 

Has the employer signed any Bond with you?

Do you have copy of HR policy, Service Rules and regulations, Standing Orders of the company?

 

What are the documents that you have to prove the employer-employee relationship?

 

Does it issue salary slip, PF a/c number and a/c slips of each year, ESIC card, Form16 etc……….. 

 

 

 

 

The info by you on all questions asked in this thread shall help you, hence post it pointwise.

1 Like

Nimish (Web Designer)     05 July 2014

1]  Not sure about registration Certificate

2] Yes its a very small it firm with 3 Developers, 2 Seo & 1 Project Manager

3] State : Maharashtra

4] Company office is in Dadar

5] Redg. office in Maharashtra

6] Total 10 including me.

7] I am web designer

8] from Jan 6th & i told my boss about resign on 26th June with notice period till 6th July.

9] No Bond, No appointment lettar, no offer letter Nothing.

10] I don't have any documents.

11] No salary slip or any documents given to me by company. Its a very small firm & this is my first job.

Kumar Doab (FIN)     06 July 2014

 The IT/ITeS companies are covered by  Shops and Commercial Establishments Act that was enacted to regulate the service conditions of employees working in such establishments. 

The company should be covered by Bombay Shops and Commercial Establishments Act. PF should apply and if your wages are within PF wages it should be applicable to you……..and you may refer to Sec:38, 66(b)…………

 

You seem to have worked for 6 months and by the time you resign you would be completing 7 months.

The notice period is 14 days……………….as per the Act.

The Payment of Wages Act: Sec13A……………..the salary slip should be supplied to all employees atleast a day before disbursement of wages and should be signed by both employer and employee……………

 

YOU may approach Inspector appointed under this Act……….

1 Like

Nimish (Web Designer)     06 July 2014

Thanks for your detailed reply.

 

I am completing 6 moths not 7. From Jan 06 to July 06 & i am still confuse when i don't have any document like Appointment letter, Offer letter then why i should give him a notice period ??


He is already thrown some employees without any notice given to them then why should we give him a notice ?

Kumar Doab (FIN)     06 July 2014

If employer does not tender any notice then why should employee....................................pursue this stand.

 

Once you have been properly relieved all of the employees that were terminated without notice may demand notice pay.

Become member of employee's unions, trade unions, IT/ITeS employees unions and pursue your rights.

1 Like

Nimish (Web Designer)     06 July 2014

K thank you so much for all your help.

rajesh (pharma)     06 July 2014

Hello Friends,

 

I joined a Pharmaceutical Company Ltd at Kandivli on 5 March 2012.

On 18th May 2014 i left for Mangalore as my Father was admitted to hospital & unfortunately he expired on 3 June 2014. On 24 June 2014 i received a call from my company Executive Director asking me about my resuming duty. I explained him  i am planning to settle in Mangalore to clear my family problems and also i am not  mentally prepared at this moment to work. He asked me put everything in mail and on 25th June 2014 i mailed my resignation letter to him and C.C. to HR. On 5 July 2014 i received a mail from HR stating i have to comply to the terms which i have signed at the time of joining the company. i.e 3months notice period (which i have already signed pleas see attachments).

Kindly advice.

Thanks

RK


Attached File : 89487591 appointment letter.docx downloaded: 59 times

Kumar Doab (FIN)     06 July 2014

@ Rajesh,

You may also post info on all points asked in previous posts in this thread.

The info by you on all questions asked in this thread in previous posts shall help you, hence post it pointwise.

 

You may also post:

 

Does company have an office at Mangalore?

Has it supplied the acceptance of resignation to you?

What were your duties? Were you in office/admin staff without any power to sanction leave, increment, appoint, terminate……………………..in other words did you have any executive/managerial role?

Did anyone report to you?

 

The office where you were located was in factory or a corporate office?

Is the office where you were located redg. under Shops and Commercial Establishments Act or Factory Act?

Does the company have its Certified Standing Orders (CSO) and has it circulated a copy to employees? Does CSO apply to your designation?

 

Has the Ex.Director/HR claimed that you have left unfinished tasks and you have to serve full notice period of 90 days……………………………notice pay in lieu of notice period is not acceptable?

 

 

 

1 Like

rajesh (pharma)     06 July 2014

Does company have an office at Mangalore?

NO

 

Has it supplied the acceptance of resignation to you?

NO

 

What were your duties?

·     Registration of Products for ROW Market.

·     Questionnaire preparation as per the country’s requirements.

·      To apply & follow up of Drug Approval, COPPs  & Dossiers preparations with the concerned drug- manufacturing units.

Were you in office/admin staff without any power to sanction leave, increment, appoint, terminate……………………..in other words did you have any executive/managerial role?

Executive in terms of namewise and not dutywise i.e. without any power to sanction leave, increment, appoint, terminate

 

Did anyone report to you?

No

 

The office where you were located was in factory or a corporate office?

The factory and Corporate office are in the same building.

 

Is the office where you were located redg. under Shops and Commercial Establishments Act or Factory Act?

Factory Act

 

Does the company have its Certified Standing Orders (CSO) and has it circulated a copy to employees? Does CSO apply to your designation?

Certified Standing Orders –never heard about it & I don’t it has been circulated & don’t know whether it is applicable to me.

 

Has the Ex.Director/HR claimed that you have left unfinished tasks and you have to serve full notice period of 90 days……………………………notice pay in lieu of notice period is not acceptable?

No

Kumar Doab (FIN)     06 July 2014

 

@ Rajesh,

You may post your reply to questions I have posted in my first post to Nimish, also………………….e.g.

How many employees are employed in it? 



Has your service been confirmed in writing? 

Since how many month’s you are working with this company?
Are you a member of employee's/ Trade Unions?

 

Do you have copy of HR policy, Service Rules and regulations reference of which is made in appointment letter……………………i.e service conditions shall be governed by ………………..HR policy ,………………… Standing Orders of the company?

 

Does it issue salary slip, PF a/c number and a/c slips of each year, ESIC card, Form16 etc……….. 

 

 

Did you use to sign on forms/formats for registration of products or some one else signed, implying was your job just clerical?

Usually admin office is redg. under Shops and Commercial Establishments Act. Check carefully.

If it is Industrial establishment standing orders should apply. In Mumbai/Maharashtra standing orders apply if no. of employees is =50 and above even to establishments covered by Bombay Shops and Commercial Establishments Act.................

If standing orders are not certified Model Standing Orders shall apply. As per it during probation notice period is NIL and after confirmation it is 30 days…………………You may go thru Sec9-18.

Designation alone does not decide individual shall be covered by def. of ‘Workman’ as in ID Act, or ‘as ‘Employee’ as in Bombay Shops and Commercial Establishments Act.

If the resignation has not been accepted in writing and in email and by phone ED,HR has posted that “i have to comply to the terms which i have signed at the time of joining the company. i.e 3months notice period” then what does it mean and imply…………………….????

ED/HR want you to serve full notice period……………………in that case it shall claim that you are still on rolls and might be marked absconding……………………with/without any infor to you by effective mode of communication i.e. redg. post……………………….which is misconduct and terminated in record with/without supplying the termination order to you! Hence you should claim that you have properly conveyed your native address while proceeding on leave and for all practical purposes your address is of Mangalore and cause of action would arise at Mangalore…………………………and that you have properly resigned and are not abstaining/absconding/absenting…………………..

If it implies that company wants you to tender notice pay then it should first supply you the acceptance of resignation, and correct FnF statement showing all amounts payable to you e.g. earned wages, leave encashment, bonus, reimbursement, incentives etc……………………………and all amounts payable by you e.g. notice pay……………………..and finally any amount if any payable by you…………………………..then it has to supply you the service certificate, relieving letter, Form16 as per correct FnF statement, PF number and a/c slip of each year of service, ESIC card. NOC/NDC etc………………………..

Hence company should clarify status of your employment and nature of its demand…………………..

Since you proceeded on approved leave {after proper intimation (it is believed that you have submitted proper leave application even if by post…………) and hence you may demand approval…………………..and if required as without pay/and of course recovery of pay from you…………………………} it is believed that NO Tasks re pending……………….and no Handover of charge is required………………………….

Since you are mourning try to get waiver of handover etc as you are unable to come to Mumbai………………….but record it (audio/visual) and then on minutes……………………

 

It shall be appropriate if you approach a local labor consultant/service lawyer AS AP and proceed under expert advise of your lawyer.

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