You have already made some astute observations of your case.
If you wish to avail the services of LCI lawyer you can conduct search at:
https://www.lawyersclubindia.com/lawyers_search/#.UWQ1KtgsHso
Related Lawyer’s list is displayed on the bottom of this web page, also.
Your near and dear ones, colleagues, trade union leaders can also refer you to a good labor consultant/service lawyer.
You can file complaint at HQ town assigned to you, location of HO/Redg. office of the compnay or the location of juridctional courts as stated by company in appointment letter issued to you.
Did you submit resignation with notice period of two months or with immediate effect?
If you have submitted notice of resignation mentioning notice period/effective date of your resignation/last day in office company can not accept the resignation before the expiry of notice period………The other alternative is that it may offer you the compensation ( notice pay) which if you accept may put the dispute to rest.
Demanding resignation in office is offence and forced resignation can be termed deemed termination.
Usually companies state in appointment letter that T&C announced by company from time to time shall be applicable/ acceptable to employee, employment shall be governed by HR policy of the company.
Has the company stated so in appointment letter? If yes, the HR personnel are probably writing to you w.r.t such policies.
The rules and policies of the company should be kept in knowledge domain of the employee. Gossip and rumor can not be rules, policies, and service conditions. The employer should not act like a street magician and produce things from thin air.
You may submit a representation addressed to good offices of appointing authority, MD, Chairman, Company Secretary, and narrate representations made by you so far by phone/email/letter etc., and mention date/phone number/name-designation-dept-name of company-address of company personnel to whom you had represented, and brief minutes of discussion and conclude that you have been clamoring for ……………. and same have not been supplied to you despite unlimited number of representations, and raise your demand, give time and thus provide opportunity to good offices.
Notice period is part of the service conditions. Service conditions are stated in Standing Orders of the company, appointment letter, Shops and Establishments Act of the state, statue. The employee who is covered by these enactments shall be protected up to that extent.
Designation alone does not decide employee is a workman or not.
Model Standing Orders:
13. Termination of employment.- (3) Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.
You may explore the option of staking claim under payment of Wages Act.
2. Definitions.
3*[(vi) "wages"
(d) any sum which by reason of the ermination 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;
---SE Act Bombay which is so employee friendly, that it can cover your issues too.
38. Application and amendment of the Payment of Wages Act.
(l) Notwithstanding anything contained in the Payment of Wages Act, 1936, (V ?f
1936)………. the Inspector appointed under this Act shall be deemed to be the Inspector…herein referred to as "the said Act",…….for the purpose of the enforcement of hei provisions of the said Act within the local limits of his jurisdiction.
( Implies that the Inspector under SE Act shall be the Wages Inspector )
[?8 ?. Application of Act VIII of 1923 to employees of establishment.-The provisions of the Workmen's Compensation Act, 1923 (VIII of 1923), and the rules made from time to time thereunder, shall, mutatis mutandis, apply to employees of an establishment to which this Act applies, as if they were workmen within t! meaning of the Workmen's Compensation Act, 1923.
( Implies any employee under SE Act shall be eligible as if he is a workman and can invoke WC Act)
^[??-?. Application of Industrial Employment (Standing Orders) Act to establishments.-The provisions of the Industrial Employment (Standing Orders) Act, 1946, in its application to the State of Maharashtra [(hereinafter in this section referred to as "the said Act"), and the rules and standing orders (including model standing orders) made thereunder from time to time, shall, mutatis rnuimdis, apply to all establishments wherein fifty or more employees are employed and to which this Act applies, as if they were industrial establishment within the meaning of the said Act.
(Implies if company is under SE Act and if it has not framed its standing orders the model standing orders shall apply to all employees. Model Standing Orders are attached. You can also download from Dept. of Labor Maharashtra/Bombay website also. Thus while you can approach Inspector under SE Act you should also be eligible to approach Labor Inspector/ALC.)
51. Employer [and manager to produce registers, records etc. for inspection.
( Implies that if you lodge a complaint the Inspector can not check all records, your personnel file but can take these to his office. You may obtain certified copies and even peruse RTI route.)
Moreover the Inspector is under obligation report every two months as given in Sec.66
55. False entries by employer and manager.
58. Determination of employer for the purpose of this Act.
??.Notice of termination of service
---There has been along felt need for strong, well meaning, well knit union for IT employees.
You may go thru interesting publications at:
https://www.rediff.com/money/2005/oct/06bspec.htm
https://www.siliconindia.com/shownews/Should_IT_companies_allow_trade_unions-nid-67674-cid-1.html
https://www.answeringlaw.com/php/displayContent.php?linkId=1196
The proposal to forge a union for IT workers has now come from the Centre for Indian Trade Unions (CITU) -- the trade union wing of the Communist Party of India (Marxist) -- the largest Left party in the country.
West Bengal Information Technology Services Association (WBITSA): This union is floated by CITU (Centre of Indian Trade Unions- the trade union wing of the Communist Party of India (Marxist)- the ruling party in West Bengal).
"A union for IT workers is the urgent need of the hour. I would call the IT professionals 'the labourers of the information age.' They toil long hours; they work at night; and some of them still get meager salaries. So a labour union for them would help fight for their rights," CITU president M K Pandhe told………..
"It is not going to be easy. Already, we have begun the process to hold consultations with many senior IT employees in places like Kolkata [ Images ], Bangalore, Chennai and Trivandrum (Thiruvananthapuram). We do hope to establish a proper union soon," Pandhe pointed out.
Left leaders say there is also already tremendous backing from the Union of Network International, a global alliance of 900 trade unions, to forge an IT industry workers union in India.
However, a number of organisations for IT professionals now exist at the state level in Hyderabad (in Andhra Pradesh) and Bangalore (in Karnataka [ Images ]).
"Yes, there is an urgent need for a labour law exclusively for the IT industry. It is the one sector that is booming across India, and we need to frame a legislation for IT workers. We are going to take up the issue with the Manmohan Singh [ Images ] government soon," said Community Party of India national secretary D Raja.
There are other forums e.g:
'IT Professionals Forum.' (https://www.itpfindia.org/in).
IT/BPO Voice of India | Facebook
UNITES Professionals
https://www.unitespro.org/
https://www.itecentre.co.in/
Contact Us
Please contact us on
mail id : contact@itecentre.co.in.
ph : 9620907912
Please Join ITEC group for discussion among IT-BPO employees. To join the group, please send a blank mail to itec_bangalore-subscribe@yahoogroups.com
https://ithiworld.wikispaces.com/News+Update
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