Notice in regard to not serving notice period

***Sorry for mistake

3. They have *not send my salary details to IT department as it was not visible in 26AS form

IT,ITeS,companies are covered by Shops and Estbs.Act that was enacted to govern the service conditions of employees covered by the Act, and standing orders are applicable.

You have clarified that you were under probation period.

Apparently only offer letter upon selection has been sent and NO appointment letter has been issued and supplied. Is it correct? Or the appointment letter was also supplied?

If no notice period is mentioned in offer letter you may claim that NO notice period was applicable in probation period.

You are exactly in which state:  Delhi/UP/Haryana/Rajasthan?

You should provide full information, pointwise!

The Redg Office,Corporate Office of the company, and your reporting office was located in which state?

What was your designation and nature of duties?

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the offer or appointment letter, and so called Service Agreement/BOND?

 The Service Agreement/BOND was created in lieu of what extra ordinary favor by the company: some certified training paid by employer from some certified Intt. that added to your qualification or some extra ordinary favor and expenses from employer?

Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you?

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

Has acknowledgment of notice of resignation, supplied to you?

Are you a member of any employee’s/Trade Unions?

What was your monthly salary?

Query also repeated at:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=122157&offset=0#.VXgIWFJ-hkg

Hi Doab

• No appintment letter was provided. I anly signed the offer letter
• Offer letter states "As per company policy, your notice period is of 60 days and your joining will be confirmed on the basis of employee verification." Nothing specifically mentioned for probation period
• Company registered office is in Gurgaon, Haryana. And I was deployed at one of his client in Gurgon only
• My designation was Sr. Associate - IT and role was application development and support
• I do not have a copy of offer letter I signed.
• Organization do not detect the PF, Form 16 was not send to me and salary was on an internal portal. I do have only one month salary slip which was available on portal
• I inform about discontinue of service through mail marked to my reporting manager and HR. I did not mentioned any thing else in the mail
• Are you a member of any employee’s/Trade Unions? ....No
• Salary was appx 23K
   

You have the copy of offer letter in email.

Haryana follows Punjab Shops and Commercial Establishments Act.

You may go thru: Punjab Shops and Commercial Establishments Act/Punjab Shops and Commercial Establishments Rules. Hours of work, OT, notice period  everything is defined in it.

Stake your claim for OT, under proper acknowledgment.

If wage period is 1-30th/31st salary should have been paid by 7th of the next month.

The salary slip has to be supplied signed by employer, at least a day before the disbursement of wages.

The employee can lodge complaint the moment payment of wages is delayed by even a day and employer can be penalized say by Rs.7500/instance.

Notice period applicable if for service of <3 months, if employee has separated by resignation, is =NIL as per  Punjab Shops and Commercial Establishments Act.

If employer has breached the contract by delaying the payment of earned wages, OT then conditions in the contract should loose its sanctity.

In Haryana standing Orders shall apply if no. of employees are50 or above. If standing orders are not certified Model Standing Orders shall apply.....................and you may go thru Sec:13-18. Notice period during Probation Period is NIL.

Punjab Shops and Commercial Establishments Act/Punjab Shops and Commercial Establishments Rules, Model Standing Ordes are available at Dept. of Labor website of Haryana.

You may submit a fitting reply thru your lawyer.

You may also submit a demand notice thru your employee’/trade unions to employer.

Hi Doab,

Thanks for your guidance. I go throught the Punjab Shops and Commercial Establishments Act/Punjab Shops and Commercial Establishments Rules and it clearly mentioned that 

(b) no employee shall be entitled to one month's notice or notice pay unless and until he has been in the service of the employer continuously for a period of three months

Want to ask you one more question I previously ask. Is a notice send by any Lawyer on behalf a company and on simple paper can be a legal notice Or legal notice is have to be from court and any legal paper/format

It is good that you have gone thru Punjab Shops and Commercial Establishments Act/Punjab Shops and Commercial Establishments Rules.

You may go thru Model Standing Orders also……………….and demand the certified copy of standing orders applicable to the establishment (certified or model) and let the company reply whatever it wants.

It has already been posted that:

“Notice period applicable if for service of <3 months, if employee has separated by resignation, is =NIL as per  Punjab Shops and Commercial Establishments Act.”

“In Haryana standing Orders shall apply if no. of employees are50 or above. If standing orders are not certified ………..Model Standing Orders shall apply.....................and you may go thru Sec:13-18. Notice period during Probation Period is NIL.”

Legal notice is issued by lawyer. Court shall issue summons.

You may submit a fitting reply thru your counsel/Labor Law Consultant-Service Matters Lawyer-Law Firm.

If you don’t reply it may be deemed as acceptance of contents of legal notice.

You may also submit a demand notice thru your employee’/trade unions to employer.