What is this establishment: Industrial or Commercial?
You and redg. office/HO of the company is located in which state?
Do the standing orders (certified/Model) apply to the establishment and does company have its Certified Standing Orders? Standing Orders should have been displayed near entrance on notice board.
What is the probation period stated in appointment letter issued to you and standing orders applicable to the company?
What is your designation and nature of duties?
Does anyone report to you?
Did you shift from some other location to join this establishment and did this establishment pay you the charges to attend the interview and relocation expenses to join at Hyderabad?
Has this employer been issuing salary slips each month, deducting PF, ESIC, IT and has it supplied PF number, ESIC Card, and form 16 for Feb/Mar 13?
Other issues to be explored are whether you would be covered as ‘Workman’ as stated in ID Act or as ‘Employee’ as stated in Shops and Commercial Establishments Act?
Your labor consultant/service lawyer may ask you a set of structured question and may opine that you would be covered or not.
Designation alone does not decide employee would be covered or not.
In absence of coverage under these enactments, the notice period should be as per advertisement calling for job applications, letter of appointment/employment agreement, service rules…………………..
If it is a commercial establishment it should have been covered by Andhra Pradesh Shops and Commercial establishments Act and registration certificate should have been displayed near entrance on notice board. You can check it.
Andhra Pradesh Shops and Commercial establishments Act is so employee friendly. It should be available at the dept. of labor website of AP or you can buy from market.
A soft copy is attached however you may check if it the latest version.
If your establishment is covered by this enactment and you are covered as per def. of employee in this enactment you may go thru Sections:
2(5)(8) (13) (23),
3, 9,10,11,12,
23. Special provision for women
24. Maternity leave
25. Maternity Benefit
30 to 42,
47. Conditions for terminating the services of an employee, payment of service compensation for termination, retirement, resignation, disablement, etc., and payment of subsistence allowance for the period of suspension:
(1) No employer shall, without a reasonable cause terminate the service of an employee who has been in his employment continuously for a period of not less than six months without giving such employee atleast one month s notice in writing or wages in lieu thereof and in respect of an employee who has been in his employment continuously for a period of not less than one year, a service compensation amounting to fifteen days average wages for each year of continuous employment:
Provided that every termination shall be made by the employer in writing and a copy of such termination order shall be furnished to the Inspector having jurisdiction over the area within three days of such termination.
{{{ You have worked for 6 months therefore even if you have been on probation period the employer can not terminate you without tendering notice of 1 month( reason for termination should be given)}}}
(2) The services of an employee shall not be terminated by the employer when such employee made a complaint to the Inspector regarding the denial of any benefit accruing to him under any labour welfare enactment applicable to the establishment and during the pendency of such complaint before the Inspector. The services of an employee shall not also be terminated for misconduct except for such acts or omission and in such manner as may be prescribed.
{{{ If any benefit has not been paid to you and you have lodge a complaint during the period employer can not terminate}}}
You may go thru other section as well.
If you are covered by this enactment you may approach Inspector appointed under this Act.
Labor Inspector in o/o Labor Commissioner may also be Inspector under this Act and Inspector appointed under maternity Benefit Act, so the local o/o labor Commissioner can guide you.
In another thread another employee has posted that:
-The Chief Inspector held that the notice period stated in this act shall prevail upon notice period stated in appointment letter.
https://www.lawyersclubindia.com/forum/Employer-not-relieving-employee-contt-89308.asp#.UkP5C9KAqWM
- Services of terminated employee were reinstated.
https://www.lawyersclubindia.com/forum/Suit-claiming-damages-and-criminal-case-60347.asp#.UcRuGjuAqWM
It shall be appropriate to show all of your docs to a competent and experienced labor consultant/service lawyer and give inputs in person. The lawyer that has seen all of your docs and has analyzed your inputs can advice you the best. You can also approach trade Union Leaders, Inspector appointed under maternity Benefit Act and may also be eligible to approach Women cell, women commission……………
You should record the incidences while resignation is being demanded from you and also download the performance record.
