Employer should provide acknowledgment of notice of resignation and issue the guidelines as per wishes of employer on exit formalities, and thereafter should provide acceptance of resignation, work experience/service certificate, relieving letter, FNF statement for verification and acceptance by employee, payment of FNF dues/wages, form 16 as per correct FNF statement, PF number/account slips of entire tenure of service/attested copies of PF withdrawal-transfer forms, Notice of determination Gratuity, NOC/NDC...........................................etc
Employee can demand all of these to be supplied by redg. post and you may add that postage prepaid, self addressed envelope is attached wherewith for sending the redg. post to you.
If employer has closed the establishment then it must have notified the o/o Labor Commissioner for closure and the employees must have been paid the retrenchment compensation in line with standing orders applicable to the establishment/as stated in appointment letter..........................................
You may demand compensation for 3 months.
Since employer has been unwilling to pay the earned wages the employer on his own must waive off the notice period if any. Moreover the notice period is as per standing orders (certified/Model) as applicable to the establishment and extended to the designation of the employee and notice period stated in standing orders shall prevail upon appointment letter. If notice period/pay in standing orders is NIL it shall also be NIL in appointment letter.
As per Model Standing Orders notice period/pay during probation period is NIL.
Notice period/pay is stated in Shops and Commercial Establishments Act of the state and as per length of your service it may be NIL.
Since employer has not been paying the earned wages it must have not paid the contributions of PF,ESIC, group insurance etc also......................................and must have not deposited TDS.
The non payment of wages, issuance of wage slip that should be verified and signed by employed as acceptance, is default by employer and can be penalized.
The time and day of payment of wages is fixed and the employee can lodge a compliant the minute wages are not paid and delayed even if by a day. The employer can be fined Say Rs.7500/per instance..............................
The time /day for payment of FNF wages is also the last day in office or within 2 days or max. by usual pay day.
There are threads to suggest that employees have been contemplating to lodge criminal complaint u/s 406,420..................
And to approach employer as creditors treating unpaid wages as debt on employer.
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI
Employee can approach:
-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include theHR personnel, Manager Finance, appointing authority and MD in list of noticees............
Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................
Your lawyer may ask you a set of structured questions and may opine that you are covered.
-Trade Unions/ Employees Unions: They know precise ways to handle such issues
-Inspector under Shops and Commercial Establishments Act;
-Inspector under Payment of Wages Act
-RPFC, Addl. CPFC n the state, CPFC......................for PF
-Jurisdictional ESIC Inspector, for ESIC
-ITO-TDS where employee files ITR and Jurisdictional Cit-TDS where employer files ITR
-o/o Labor commissioner
-Civil Court.
Approach your lawyer. The lawyer that has seen all of your docs and has analyzed the inputs can advice you the best.
