Reg.notice period recovery
Amit
(Querist) 01 April 2013
This query is : Resolved
Hi,
i workd with an b.p.o co. at delhi and left for my hometown on dec 19 ,2012 without giving a proper leav applicatn....as it was an unexpectd leav..i just informd my managrs over ph. that my dad wasn't well....and i just can't assure whn i wud b back....they permited me...2 months pasd by and i intimated them ovr the ph.that i wud b resigning...but they dint ask for a writn consent ...moreovr they said they wud wait bk for me...now that i cudnt turn up...an official letr datd.15 mar2013 landed on 25 mar.stating that ""your resignation is acceptd and aftr holding the salary for jan 2013...aditionaly u hav to pay a notic pd recovry amount ofaround 5000rs. including p.f and i.cardexpenses
my ques.are
1.is the co. rightly doing this as i hvnt consented a writn resignation... what are the powers of the co.regarding recovery of dues...?
2.can the managemnt b explaind that i wudnt b abl to pay back evn a penny due to circumstancial restraints...?
3.the job contract b/w. us was not on legal papers...can the co.initiate legal actions against me?
4.do the ful and final setlmnt amt.eventualy increases and does the employee also hav to bear intrest upon it if nt paid in time...?
5.if a co. say xyz ltd. offers a job and hands ovr an offer letter to its candidate...but if the candidate turns down the offr...can the co. stil impose any contractual and legal obligation upon the candidate?
thankin u in anticipation for ur beneficial resolutions to my queries...""
Kumar Doab
(Expert) 01 April 2013
---For how many days you have worked with BPO? Have you been marking attendance and have you drawn salary?
BPO Company in Delhi might be covered under The Delhi Shops and Establishments Act, and must have displayed its registration certificate near entrance on notice board.
2. Definitions.
(7) “employee” means a person wholly or principally employed, whether directly or
otherwise, and whether for wages (payable on permanent, periodical, contract, piece-rate or commission basis) or other consideration, about the business of an establishment and includes an apprentice……….
30. Notice of Dismissal:
(2) No employee who has put in three months’ continuous service shall terminate his
employment unless he has given to his employer a notice of at least one month, in writing.
(This may imply for service period less than 3 months no notice/pay is applicable.)
COMMENTS
(a) Applicability of section 30
The protection of the provisions of the section is available to all persons who fall within the definition of the term “employee” as given in section 2(7) of the Act and who have put in three months’ continuous services. In the absence of any standing orders or any contract between the employer and the contesting respondent containing any particular terms or conditions, the conditions of service of the employee relating to his employment in an establishment at Delhi are covered by section 30(1) of Delhi Shops and Establishments Act, 1954
---The company may issue a legal notice and initiate proceedings for recovery or may not peruse further.
---Employee should also demonstrate responsibility towards the employer.
During the two months you could have submitted request for leave by email/letter thru redg. post narrating the unexpected circumstances under which you had to proceed to attend to your sick father and that you had informed on dated………..Mr/Ms……..designation…….dept……..address…….. , before leaving your Head Quarter, by phone call at phone number………. and these officials had granted approval on phone, and since you do not have leave application format, you are submitting written application for grant of leave and that leave application format be supplied to you at the following address (your address) or a soft copy by email or you can submit leave application on joining duties.
You could have submitted written request to extend the leave.
Employee should keep bills of phone calls made, POD of courier, and should preferably submit documents by redg. post.
After two months if you wanted to resign, you could have submitted written notice/resignation with immediate effect under acknowledgment, narrating the phone calls you have made on this subject and circumstances under which you have to resign.
As per terms of appointment accepted by you if there is a provision of notice period and notice pay in lieu of notice period applicable to both employee and employer, since default is at your end, you are liable to tender notice pay.
Offer letter is issued to the selected candidate which gives brief description of designation, location, remuneration and time period/date up to which the offer of job is open and candidate has to join.
Appointment letter narrating service conditions is issued upon joining.
Did you submit induction/joining report, mark attendance?
As per your post you were issued I. Card which might be a matrix card and might have been used for marking attendance.
Company may claim appointment was accepted without order of appointment.
Apparently the company has not initiated disciplinary proceedings and has not issued termination order and has mentioned about resignation which was conveyed by you by phone to your managers. The company might have inserted the report given by its managers on your telephonic resignation, in your personnel file.
You may complete the negotiation with company and obtain concurrence that it shall supply you the acceptance of leave application, resignation, service certificate, relieving letter (with good comments), attested copies of PF transfer forms, FNF statement showing recovery of notice pay, salary for days you have worked, PF number and that it shall not post adverse comments against you during reference check.
