Shiva Kumar (Student) 19 June 2014
Hi,
I have been working for a renowned IT firm for 4 months though I am from a non IT background. I have decided to leave the job and continue higher studies in my stream of specialization. I dint gain any experience and I never again want to join an IT firm. I am so frustrated with the job that i dont even want to serve my notice period. If i leave the company without serving the notice period, will that affect my future prospects in other core organizations ?
Thank you.
sundar sastri jain (proprietor) 19 June 2014
sundar sastri jain (proprietor) 19 June 2014
sundar sastri jain (proprietor) 19 June 2014
sundar sastri jain (proprietor) 19 June 2014
sundar sastri jain (proprietor) 19 June 2014
Kumar Doab (FIN) 20 June 2014
>>> Employee should not abscond!
Employee should tender reasonable notice period by notice of resignation preferably by redg. post.
>>> What is this establishment: Commercial, Industrial, Small Enterprise?
The registration certificate might have been displayed near entrance or you have to find on your own.
You are located in which state? Does company have an office at your location?
Redg. office of the company is located in which state?
How many people are employed in it?
Does the company have its certified standing orders (CSO) and has it been extended to your designation?
What is your designation and nature of duties…?
Since how long you are working with this company?
Did the company provide offer letter and appointment letter (both), salary slip, PF, ESIC, Group Insurance, Form16 etc?
Has the company stated in appointment letter that service conditions shall be governed by HR policy/service rules and regulations and did it provide printed version of such policy/rules alongwith appointment letter? If not download the same or obtain from concerned HR personnel.
Are you a member of employee’s unions, trade unions?
What is your pay day?
Did you sign any service agreement/BOND and do you have its copy?
This information shall help, hence post it.
Shiva Kumar (Student) 20 June 2014
It as an MNC and yes it does have an office at our place.Its main branch is in Chennai. I am a Programmer Analyst Trainee in the company and I am still undergoing my training.They have provided me both the offer letter,appointment letter. The offer letter asks me to serve a notice period of 60 days and also has a notice period buy option. I am not a member of any employee's unions or trade unions. I havent signed any agreement, all i have signed is just the offer letter.
Thank you Kumar Doab.
Kumar Doab (FIN) 20 June 2014
>>> You have not replied to all questions!
You may also reply: you are under probation or training as per language of appointment letter issued to you?
>>> The notice period of 3 month’s may not necessarily be applicable in your case.
NOTICE PERIOD IS part of service conditions and is NOT DEPENDANT ON T&C INSERTED BY EMPLOYER IN APPOINTMENT LETTER, CONTRACT OF EMPLOYMENT, ANY PRIVATE AGREEMENT THAT EMPLOYER HAS DRAFTED AND SIGNED WITH EMPLOYEE, ALONE……………………….
SERVICE CONDITONS ARE GOVERNED BY STANDING ORDERS AND 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……………
The (Name of the State) Shops and Commercial Establishments ACT WAS ENACTED TO GOVERN THE SERVICE CONDITIONS OF EMPLOYEES AND NOTICE PERIOD IS STATED IN IT IT/ITES/BPO/KPO’ ARE COVERED BY IT.
There are many threads on similar queries and you can pick up points relevant to you, e.g.;
and other threads quoted in this thread.
>>>The issue that you have posted is not faced by you alone but endless number of employees as employers and their attorneys i.e. Line Managers, HR personnel violate rights, norms, rules, laws with impunity and without any fear within the walls of the offices for simple reasons that;
Employees are ill informed, are not united do not become members of employee’s unions-trade unions, do not form ‘Work Committees’ in the companies, many of them are fearsome, do not approach Labor Consultants/service lawyers and do not agitate…………………
If employee’s are united they can negotiate service conditions, form ‘Work Committees’ that is one of the authorities as per ID Act and employers shall not be able to exploit them…………………
When union are there to represent the line managers, HR , employers shall not violate the rights of employees with impunity.
Are you aware that employees can form ‘Works Committee’ and it is an authority and President /Chairman is on rotation from employees/employer and it has equal number of employees from employer/employees?
The Industrial Disputes Act, 1947
CHAPTER II: AUTHORITIES UNDER THIS ACT
3. Works Committee
Probably you are not aware that ‘Employers’ in some state are united and have formed unions and decided that notice period shall be increased to 3 months and it shall be made mandatory to serve the notice period……………….
There are IT/ITeS employees unions and female employee’s unions too and they have succeeded to get their demands met e.g;
https://ithiworld.wikispaces.
www.itpfindia.org/
https://itnitesunion.wordpress.
https://www.amrc.org.hk/node/
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.
UNITES Professionals
T. Kalaiselvan, Advocate (Advocate) 23 June 2014
You have been properly addressed and advised by expert Mr. Kumar Doab on your subject issue, you may either follow his advise or consult a local labor law practicing advocate.
Sudhir Kumar, Advocate (Advocate) 24 July 2014
well advised by Mr Kumar Doab.
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