Trade Unions like CITU,INTUC,AITUC,BMS………….are more than willing to embrace the IT employees. Log onto their website and speak to the Secretary/President.
United employees can rake up the issue with Govt. Employee’s is a big community and huge vote bank that NO party/Govt can ignore.
>>> 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.
How many employees are employed in it?
What is your designation and nature of duties?
Has your service been confirmed in writing?
The establishment works for how many days/week?
Have you ever worked beyond 8hrs/day:::48 hrs/week and do you have its record and did the company pay OT on its own along with payment of monthly wages?
Has the company displayed the standing orders (Certified/Model) applicable to it, on notice board, or circulated to employees or kept at some shared portal e.g HR portal?
Is it mentioned in appointment letter that service conditions shall be governed by HR policy/service rules and regulations and did the company supply these along with appointment letter………………………..or have kept these on some shared portal…………………………..and have you obtained the printed version? If NO minute that these were never supplied. This should be supplied without any cost to employee.
The employee can demand certified copy of standing orders and employer has supply these without any cost/or against a nominal cost say Rs.10/- demand these………..from HR/appointing authority/MD, in writing under proper acknowledgment! Employee or anyone can demand these from CO (certifying Officer) that may be DLC in O/o Labor commissioner at location of Redg. Office of the company against a nominal cost say Rs3/page.
Does the company have an office at location/state where you shall after leaving this company?
This information shall help, hence post it.
The (Name of the State) Shops and Commercial Establishments ACT was enacted to govern the service conditions of employees and IT/ITeS/BPO/KPO’ are covered by it. Standing orders are also applicable.
The OT and rate of OT @ double wages, notice period/pay is satted in it.
The compnay can provide benefits superior than the act but can’t provide inferior to the provision of this act.
The company may claim that you are in ‘Exempt’ category for OT however Designation alone does not decide employee is covered as ‘Workman’ as in ID Act and ‘Employee’ as in (Name of the State) Shops and Commercial Establishments ACT.
>>> You have posted that:
---- “I Requested my manager for the one week work from home after resignation due to Family urgency and they agreed but they asked me to submit my Original documents as a security . Due to Urgency I submitted a Blank cheque as security which was returned to me after 1 day of joining.“
“threatening me that if you will not serve notice period and provide services to the Organization till last date we will issue you termination letter “
Do you have a record/evidence to prove it?
Did you minute it?
If yes it is good.
Such Act is illegal, unlawful, bad, unfair ………………………….breach of trust……………………..violation of law of the land, standing orders…………………………..and renders employer as unworthy of being employed with.
ON that day company must have been under debt to you in form of unpaid wages, incentives, OT wages, etc……………………
Leave apart any security, company can’t even ask of extract surety that you shall return to them after leave………………………….
If the issue of notice pay is there then company can adjust notice pay in FNF statement against leave encashment etc…………………….and not even against earned wages……………..until or unless there is a private agreement between employer-employee without exercise of pressure, force, coercion, intimidation………………..
The deduction of wages is well explained and stated in various enactments as per law of the land applicable to the establishment and employer……………………………and nothing other than allowed deductions can be deducted from payment of wages.
----“"The Appointment will subject to termination by giving one month notice and gross salary in lieu thereof”
The employee can tender notice pay in lieu of notice period……….
The notice of resignation and subsequent communications should be carefully drafted and should be submitted preferably by letter thru redg. post or from personal email…………………and print outs be generated………
YOU MAY WITHOUT FAIL STATE IN NOTICE OF RESIGNATION AND SUBSEQUET COMMUNICATIONS THAT NO TASKS ARE PENDING AT YOUR END AND ROUTINE DUTIES BE ASSIGNED TO YOU THAT CAN BE COMPLETED WITHIN AND UPTO LAST DATE IN OFFICE (EXPIRY OF NOTICE PERIOD of ……….days, TENDERED BY YOU) AND TO WHOM YOU SHOULD HANDOVER THE CHARGE AND COMPNAY PROPERTY ( DRAW A LIST AND ASK TO VERIFY) WITHIN AND UPTO LAST DATE IN OFFICE……………………UNDER PROEPR ACKNOWLEGMENT ON THE SPOT……………AND TO INFORM YOU THE EXIT FORMALITIES IF ANY IMMEDIATELY.KEEP COPIES OF NOC/NDC ETC………………and any other document that you are asked to obtain………………………………………..
YOu may add that and the acknowledgment of notice, acceptance of resignation, hard copy of correct FnF statement for verification and acceptance by you, payment of FnF wages by bank DD only,Form16 as per correct FnF Statement, service certificate, relieving letter (ensure with good comments, of course not with adverse comments, and avoid without comments), PF number/PF a/c slips or e-passbook of each year of employment, ESIC card, Group Insurance policy number, Health insurance policy number and I cards, NOC/NDC, certificate of handover, acknowledgment of company property etc…………………….is supplied to you by redg. post within and upto last day in office by redg. post and that postage prepaid self addressed envelope is attached.
YOu must highlight the contributions that you have made, appreciations, INCENTIVES, coMmendations earmed, good conduct and that you have never been issued any stinker, notice, SHOW cause notice…………………………
YOu cam mention the cnadidates referred by you and decsion not informed by your line manager,hr…………………
in case no internal/external candidiate is available your boss/hod should come forward to take the charge instead of being an arm chair manager…………..
Notice period is not dependant on T&C inserted by employer in appointment letter alone……………………….
service conditons are governed by standing orders are standing orders being intrument of law/statue shall prevail upon any private agreement that employer has signed with employee be it appointment letter, contract of emnployment……………
YOu may go thru many of the threads e.g. and pick up points useful to you….
https://www.lawyersclubindia.com/forum/Notice-period-102337.asp#.U51N3pSSwb8
https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UwDFP0eBmXU
https://www.lawyersclubindia.com/experts/Employer-not-giving-relieving-letter-476871.asp#.U51fPpSSwb8
It has been mentioned in one of threads that Chief Inspector under this Act stated that notice period stated in the Act shall prevail upon notice period stated in appointment letter.
https://www.lawyersclubindia.com/forum/Employer-not-relieving-employee-contt-89308.asp#.UkP5C9KAqWM
Incidentally the matter pertains to Andhra Pradesh, and the query is same of yours.
The notice period as per this Act is 30 days only.
You may go thru :
ANDHRA PRADESH SHOPS AND ESTABLISHMENTS ACT, 1988 (which is so employee friendly)
CHAPTER VII: Leave and holidays with wages and Insurance Scheme for Employees
30. Leave :- (1)……………., 31,32, 33, 34…………………
{And leave policy of the company. ( if you do not have copy of the leave policy demand a certified copy).}
CHAPTER VIII: Wages, Conditions for termination of services appeals, Suspension and terminal benefits
47, 48, 49………………
{There are provisions for compensation to employee. The employer has to supply copy of the termination order to Labor officials within 3 days.}
CHAPTER X
Appointment, powers and duties of the Chief Inspector and Inspectors
CHAPTER XII
Miscellaneous
Designation alone does not decide employee is covered as ‘Workman’ as in ID Act and ‘Employee’ as in (Name of the State) Shops and Commercial Establishments ACT.
Your lawyer may ask you a set of structured questions and can opine that whether you shall be covered or not.
If you are not covered by standing orders, Shops and Commercial Establishments Act then the service conditions shall be governed by the appointment letter, service rules and regulations mentioned in appointment letter to you……………………
And in your appointment letter notice pay in lieu of notice period is provided by employer.
Since the manager is interrupting you may escalate to appointing authority, MD……………..in writing and under proper acknowledgment.
Submit reminders and do not forget to submit final resignation too……………….
Take your next employer in confidence and make them agree that they shall absorb you without relieving letter and on the strength of copy of resignation alone. Or the next employer should agree to extend the joining time to 90 days.
Watch and defend your interest first.
At Hyderabad you can access Lawyers par excellence.
You may proceed under the expert guidance of your lawyer. The lawyer that has seen all docs and examined the inputs in person can advice you the best.
Let your lawyer draft all of your representations.
