Notice period under bombay shop and establishment for working less than 3 month
balaji
(Querist) 18 May 2016
This query is : Resolved
1. Under Bombay shop and establishment , there is notice period define u/s 66 as for more than 3 month work is 14 days.
is any notice period is there , who work for less than 3 months.
2. Office is in maharshtra.
3. Work for less than 3 month .
4. After resignation , he has provided a payslip as a accounts manager .
5. In offer letter he has given post a finance manager , no appointment letter provided to him.
6. Is bomaby shop and establishment act prevail over offer letter. Who has overriding effect.
Kumar Doab
(Expert) 18 May 2016
You shall be covered by the Act IF you are covered by the def. of 'Employee' as in the Act i.e. Finance Manager/Accounts Manager.
IF and IF ONLY IF you are covered then Sec;66 shall come into play and as provided for in the Act/section and implied by it; notice period period/pay for period of service< 3months=NIL.
The Act was enacted to govern the service conditions of employees in establishments covered by the Act. The provisions of the Act shall prevail upon the T&C inserted in offer letter/appointment letter.
Other threads by author/querist, that he did not respond:
and pertinent question like:
"What was your designation and nature of duties as in appointment letter and in practice?
"
http://www.lawyersclubindia.com/experts/Resignation-without-service-notice-period-597851.asp#.Vzv5eTV97IV
http://www.lawyersclubindia.com/experts/Resignation-in-a-probation-period-is-notice-period-applicable-598536.asp#.Vzv5YzV97IU
asked a query in Experts Agreed incetive as per appointment letter
asked a query in Experts Forceful early reliving from co . by waiver of notice pay (bonus amount and notice pay set off
asked a query in Experts Notice period waiver
asked a query in Experts Notice period pay
balaji
(Querist) 18 May 2016
What do you mean by as u written
The provisions of the Act shall prevail upon the T&C inserted in offer letter/appointment letter.
What i understood
Is it mean act prevail over T& C inserted in offer letter.Am I correct.
Kumar Doab
(Expert) 18 May 2016
You have posted that;
"What do you mean by as u written ..............."
All posts are self explanatory.
You may get in touch with an able counsel at your location with copies of all docs on record and get your docs and inputs examined.
The counsel that you engage can render a considered and satisfactory opinion.
The counsel may charge a fee but you can get a considered opinion on your coverage as well.
R.K Nanda
(Expert) 18 May 2016
nothing to add more.
