Notice period applicability
Prashant
(Querist) 04 August 2014
This query is : Resolved
Respected All,
I had joined one ITES organization. However I left the organization within 2 months without serving complete notice period. I had neither accepted any appointment letter nor had I signed any bond with the organization.
Can you please assist me whether I am liable for the notice period? Now I have received a legal notice in which they are asking me to pay the Notice Period Amount.
On this can I go to the labor court or will I have to settle the notice period amount?
ajay sethi
(Expert) 04 August 2014
contact a local lawyer and reply to legal notice . mention that no appointment letter has been received by you hence no liable to pay amount mentioned in notice
Rajendra K Goyal
(Expert) 04 August 2014
Reply the notice through your lawyer denying any liability.
Kumar Doab
(Expert) 04 August 2014
The ITeS companies are covered by various enactments including:
>>> Standing Orders Certified or Model may apply.
Both include clauses on Notice Period/pay.
As per Model Standing Orders Sec;13 Notice period during probation period is NIL.
Being instrument of law/statue certified/model standing orders shall prevail upon any private agreement that employer has signed with employee, e.g;
appointment letter, contract of employment etc.
>>> Shops and Commercial Establishments Act:
That was enacted to govern service conditions of employees working in establishments covered by this Act.
As per this Act of various states notice period for service period of 2 months may be NIL e.g Delhi Shops and Commercial Establishments Act.
>>> Non Issuance of Appointment letter in itself may be violation of enactments applicable to the establishment.
Since no appointment letter was issued to you hence you may claim no such service condition was ever negotiated with you and accepted by you.
Company may claim that it has its well defined 'HR Policy'/Service Rules and Regulations and according to these notice period/pay is applicable and even you were confirmed employee from day1.
>>> Even if company did not issue appointment letter still it has to issue I. Card, Pay slip, PF number,PF slips of entire period of service, ESIC card, Form 16, service certificate,FnF statement, FnF wages, Relieving letter on last day in office..................
>>> Even if notice period/pay is not applicable employee should tender some reasonable notice and complete handover of charge formalities.
Hence you may affirm that you had tendered notice of .........days in office and informed to Mr/Ms...................and followed verbal guidelines issued in office for handover etc................and all docs/payments as mentioned be supplied to you by Redg. post.You must counter that you have neither absconded/absented/abstained.
You can approach Inspector under (Name of your state) Shops and Commercial Establishments Act, Payment of Wages Act, O/o Labor Commissioner..............It/ITeS Employee's unions, Trade Unions, and your lawyer/law firm.
