Third party payroll employee resignation notice period


Dear sir,
     I am working with a pvt ltd company from last 14 months, but I am getting payment in my bank account from third party (consultant). The company with whome physicaly I am working is having rule to leave the job (resign) of Notice period of 90 days. I just want to confirm, the same rule would apply for third party payroll staff also or not.

Thanks

Pramod Uchitkar

 
Reply   
 
FIN

Who has issued the appointment letter?

What is the notice period expressed in employment contract/appointment letter? Has the employee received any copy of certified standing orders or has the employer circulated any copy of certified standing orders to employees? Certified standing orders are to be displayed at the gate, and are also kept at HR page of company intranet, accessible by employee and can be obtained from concerned personnel of HR or can be demanded from employer. If no certified standing orders are applicable model standing orders shall be applicable.

If no appointment letter/employment contract is signed then ideally no notice period shall be applicable. However it is always better to tender reasonable notice period say 15-30 days and help the employer to find/designate replacement.

If salary has been drawn the employer can also contend that appointment was accepted without appointment order. In your case if the company takes such stand then consultant who pays salary should be the employer and rules of consultant should apply.

Valuable advice of learned experts/members is sought.

 
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Dear Sir,
         I did not received any appointment letter either from employer nor from consultant, My consultant has issue me a offer letter only and the same I signed, there is no any terms and condition except salary and working location. But the employer has issued a Circullar regarding the same for 3 months notice required in case of leaving the job in 2006 and the same they are carry forward this year also.

Thanks.

Pramod Uchitkar

 
Reply   
 
FIN

Kindly show the offer letter and circular to a competent and experienced service lawyer at your location.

If you have not accepted in writing  the terms and conditions expressed in circular it should not be applicable to you.

 
Reply   
 
Dy Director

That letter issued by consultant itself is a term of employment.  He is paying your salary you are not company employee in any case.

Please see what terms of employment have been stated in the Industrial Standing Order Act

 

 

 
Reply   
 
FIN

Pls refer to the advice of Mr. Sudhir Kumar.

The circular regarding notice period of 3 months is issued by whom, consultant or Company where you were located?

If circular is issued by company it should not be applicable to you, since you are neither employed by company nor your salary is paid by company.

Since offer letter is employed by consultant, it can be implied that consultant has seconded you to company.

However it shall be appropriate to visit your lawyer with all records in person.

You may post copies of letter, salary payment record e.g. bank statement/salary slip, circular in the forum. You may erase the names etc to maintain the confidentiality.

 
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