Want to get early relieving from employer

I appreciate that you have referred to right section of the Act.

What is your designation and nature of duties?

Are you sure that as per your designation and nature of duties you shall be covered by the def. of 'Employee' as in the Act and ,as ' Workman' s in the ID Act?

Does the contract also state that like employer, employee can also decline to accept notice pay in lieu of notice period?

Does the establishment have its certified standing orders and is your designation covered? OR has the establishment been exempted from stadning orders?

Hi Kumar, 

am HR lead here for last 3+ years.

Does the contract also state that like employer, employee can also decline to accept notice pay in lieu of notice period?
answer is No, the appointment letter is in employer favor only. and Employer is an IT software company.

didnt get this part "Does the establishment have its certified standing orders and is your designation covered? OR has the establishment deen exempted from stadning orders?"

It is disappointing to note that many employee’s are not aware of very very imp. aspect of standing orders.

You are a HR professional hence should be aware of these.

The standing orders (Model/Certified) are statue/instrument of law and have statutory force and shall prevail upon any T&C in any  private agreement/rule/policy etc  drafted by employer and signed with employee e.g; offer letter, appointment letter, service agreement, contract of employment.HR policy, service rules etc etc ………………..

The Shops & Estbs Act ( of a state e.g; UP in your case::: uttar pradesh dookan and vanijya  adhishthan adhiniyam) was enacted to govern the service conditions of employees working in establishments covered by the Act.

If you sure that as per your designation and nature of duties you shall be covered by the def. of 'Employee' as in the Act, you may pres it.

The ID Act does not lay down any notice period for employee.

If you sure that as per your designation and nature of duties you shall be covered by the def. as ' Workman' s in the ID Act, you may press it.

 

The contract of employment should promote equitable discretions or it can be termed arbitray.

You have posted that:

"am HR lead here for last 3+ years.
 

It does not convey nature of duties and any meaningful message in line with your query.

Even a GM might be covered as per nature of duties, and designation might be glorified.

Let me expand my duties, I have been appointed as Onshore HR, taking care of company's night shift coordination, interviews, assist recruitment, induction, and US HR support work remotely.

Sorry i had zero exposure to this part..but Now as per my role and title, am i covered by the def. of 'Employee' as in the The Shops & Estbs Act?

basically, how can i challenge my employer if they are not ready to cooperate? Kindly let me know if i can provide any more info

Downlaod all functions and communication carefully and show all employment  related docs to a very able counsel specializing in Labor/Service matters for a considered opinion.

Any references to contact them online?

Labor/Service matters is altogether different field of law and there are few counsels at each location that specialize in it.



There are counsels known for their unshakable stand for the interest of their clients and integrity and secrecy and confidentiality.



At Noida/Delhi/Gurgaon etc  you can find counsels par excellence.
 

If you want to search in LCI databank search at: 

https://www.lawyersclubindia.com/lawyers_search/ 


You can visit yourself Labor Court/CGIT,HC, court complex and inquire, and your near and dear ones, family counsel can also guide you. 

Avoid falling into trap of many unscrupulous elements loitering at many online portals to fleece the querists........................ and abuse them.


Visit the profile of person feigning as so called 'Experts' and read about him/her, before you engage anyone.



You may also go thru an interesting post at:



https://www.lawyersclubindia.com/forum/Basic-legal-concepts-of-fraud-71001.asp
 

There are many threads at LCI also of Abuse,loot etc etc by impersonating as experts.

ok thank you