IT companies are covered under SE Act.
State of Karnataka has ended the blanket exemption granted to IT companies from the provisions of Industrial Employment Standing Orders Act. If certified standing orders are not framed model standing orders shall apply.
You may look into the SE Act applicable to your state, model standing orders, and IT policy of your state, which may be available on Dept. of Labor website of your state.
e.g. SE Act Delhi:
13. EMPLOYMENT OF YOUNG PERSONS-HOURS OF WORK
19. TIME AND CONDITIONS OF PAYMENT OF WAGES.
22. LEAVE
33. Records.—
(2) The occupier of any shop or establishment, about the business of which persons are
employed, shall in the prescribed form and in the prescribed manner keep a record of the hours
worked
34. Employer to furnish letters of appointment to employees.
As per IT Policy of Pondicherry {attached}:
3.3.4 Fiscal and Administrative Incentives:
IT companies will be permitted to self certifyfor purposes of compliance of the
following Acts:-o
The Factories Act, 1948
o The Payment of Wages Act, 1936
o The Minimum Wages Act, 1948
o The Contract Labour (Regulation and Abolition) Act, 1970
o The Pondicherry Shops and Establishment Act,1964
o The Payment of Gratuity Act, 1972
o The Equal Remuneration Act, 1976
o The Maternity Benefits Act, 1961
o The Industrial Employment (Standing orders) Act, 1946
{Implying standing orders act is applicable, to IT Industry. However you may check for your state.}
Offer letter is issued after selection. Appointment letter is issued on joining. Service conditions are as per stated in appointment letter and standing orders. If company has not framed its standing orders model standing orders shall apply { attached}. If no appointment letter is issued you can claim that no terms and conditions have been firmed up, accepted and hence not applicable.
{e.g.
-
Payment of wages.
-
Termination of employment
-
Certificate on termination of service.
If the employer has not paid by the pay day and has been doing it every month, it is violation of the standing orders.
You may also make note that if standing orders are applicable to you and notice period as per standing orders is 1 month and notice period in appointment letter is 3 months, the notice period to be applied shall be 1 month. Similarly you may look into notice pay as in case of standing orders.}
Employee should find his ways and means to keep record of hours clocked by him and even if by email a communication from authority to work overtime. Otherwise company/HR/Line management may claim that employee was sitting in office on his own.
You have posted that “then 1 week's sponsered leave and then they charged LOP on it.”
You may submit a gentle representation that the leave was sanctioned with pay and hence LOP should be waived off.
Employee should demand whatever is due to him from good offices of appointing authority, MD, CEO, Company Secretary, with a copy to Head-HR, in writing under acknowledgment and build favorable record and keep copies.
Such matters are best resolved amicably by applying rapport, goodwill, exceptional levels of negotiation, reasoning, persuasion, persistence skills, while in employment.
Litigation can be stressful for some employees. Litigation can be lengthy.
In case of a situation it shall be appropriate to approach a competent and experienced service lawyer/labor consultant with copies of all of your documents salary slips, appointment letter, standing orders, service rule book, HR policy, emails etc and give inputs in person and proceed under expert advice of your lawyer. Your lawyer shall evaluate the merits and may opine that you fall within the category of workman.
Company may yield to legal notice of your lawyer or you may have to agitate in the appropriate forum. Company may yield to your demands during conciliation proceedings in o/o ALC or the ALC shall issue reference to Labor Court.
Or you may have to agitate in civil court.
