Don’t expect any relief from HR and Line Managers, Legal cell personnel. They have to subscribe to orders of their masters and defend their interest and job and may not provide any relief to you.
Don’t remain entangled with them.
You have posted that:
----“ Quest :What is this establishment registered as: Commercial,Industrial?
Ans: Its a KPO. service provider company to bank.”
You have not been able to answer the basic questions that any and every employee should know the establishment with which one is working and further the Dept/Div/Reporting office is registered as Commercial, or Industrial!!!!!
Had you been a member of unions you would have known not only this but how to handle your problem and unions would have supported you also.
KPO’s are otherwise covered by Shops and Commercial establishments Act.
In your case being located at Pune it shall be Bombay Shops and Commercial Establishments Act.
You may go thru Sec;38-B, 66…………….
The notice period as per the Act is max. 30 days that too as per length of service.
The standing orders are applicable of establishment employs 50 or more employees, and if standing orders are not certified Model Standing orders shall apply.
Model Standing Orders; Sec13-18…………..The notice period after confirmation of service is 30 days and before confirmation/during probation period is NIL.
This Act shall prevail upon any private policy or rule or any agreement drafted by employer and signed with employee e.g. HR policy, appointment letter/contract of employment etc.
----“ Quest: How many maximum persons are employed in it at any point of time?
Ans: Aorund 10-12 people have joined with me on 3 Nov. Well I dont know how many maximum persons are employed in at any point of time.”
Once again you have not been able to answer the basic questions that any and every employee should know.
----“ Quest: Does company have its certified standing orders and is your designation covered by it? Or Does Model Standing Orders apply to it?
Ans: Certified standing order and my designation is covered by it.but yes in myoffer letter its mentioned that I have to serve 45 days notice period.”
You may again check if establishment applied for certification of standing orders and has Certified Standing Orders and your designation is covered by these. Standing Orders are certified on the lines of Model Standing orders (which is a statue) and after due negotiations/settlements/meetings with employee’s unions and company’s representatives with certifying officer (CO-----DLC in o/o Labor Commissioner).
Once certified:::: Certified Standing Orders become instrument of law.
Employer is under obligation and bound to display the standing orders at a conspicuous place/notice board and supply a certified copy to employee even if against a nominal cost say Rs10/.
Employee or anyone can obtain the certified copy from CO against a nominal cost say Rs3/page.
The moment employee has resigned he/she has severed employer-employee relationship and implies has signed off.
Don’t get confused with private/internal terms used by employer/HR/Line Managers/Legal cell etc.
No one seems to demanded payment of Rs.75000/ from you and to decline your settlement in writing by a speaking order.
As already posted “If resignation has been accepted and no damage is claimed and no assets/charge is to be handed over, NO Tasks are pending then minute these with help of your counsels (under proper acknowledgment) and since no liquidated damages is applicable minute it with help of your counsels and claim that nothing is pending at your end and hence you should be supplied with correct FnF statement (showing computation of earned wages/bonus/OT/leave encashment/reimbursements/incentives etc) and FnF payouts by bank DD, service certificate, relieving letter, Form16 as per correct FnF statement, NOC/NDC, PF number and a/c slips,ESIC card etc………..thru redg. Post immediately.”
If anyone demands in writing then this one has to specifically mention what is the demand and how much and why and in line with what agreement and you need to just clarify that no investment has been made on you, no platform has been provided to you, and NO Training has been provided to you that added to your qualification and extra ordinary skills and to understand day to day functions, machines, processes, practices, strategies the employer is bound to provide you the support and you are not to pay for it. If employer has recruited Line Managers, HR for doing its work and supervise your work then you are not obliged to pay their salary or contribute.
Enough has been discussed and you must approach your counsels.
It is almost sure that and Line Managers, Legal cell personnel won’t provide any relief to you and you should ignore the verbal demand of these fellows in office to you and escalate (under expert guidance of your counsels, preferably as drafted by them) to good offices of appointing authority, MD, Chairman etc and demand above mentioned documents.
Thereafter you can resolve the matter in your favor with your own skills or approach (under expert guidance of your counsels):
---The Inspector appointed under Bombay Shops and Commercial Establishments Act
---O/o Labor Commissioner
----Employee’s/Trade unions
----Your Labor Law Consultant/Service Matters lawyer/Law Firm
The chances are that your counsels with their skills may resolve the matter in your favor.
Or you or employer can approach court of law.
