If the Payment of Wages Act applies to it, standing orders may apply.
If standing Orders are not certified Model Standing Orders shall apply.
Notice period during probation period is NIL. Model Standing Orders (13. Termination of employment)
------“They asked to serve notice period of 30 days but I was ready to pay one month basic salary and serve for 15 days.”
You could have stated so in writing in Notice of resignation/resignation or even subsequently.
Employee should always build favorable written record.
“I left the company informing all(but not through mail).”
You have informed in person and by email in writing. Employee should preferably submit resignation by letter thru redg. post and it should be carefully drafted to suit the employee’s interests in long run.
The notice/resignation should preferably be drafted in consultation with elders in the family, competent and experienced well wishers, lawyer/law firm, trade union leaders…………….
----------“I did not have any idea and I returned my ID card, locker keys”
Did you obtain acknowledgment?
You could have stated the submission even if by email or in resignation, by email.
Or even by subsequent communication.
Or even now.
At the most company may claim charges for it (reasonable and actual charges).
--------“They said 'NO' and they will take my case as an absconding case.”
It is threat and falsification of record.
You have properly informed in person and in writing.
You should vehemently deny the false charges and falsification of record and may charge the line managers, HR by name.
Resignation can be without notice or permission. If liquidated damages in the form of notice pay is stated in appointment letter that should be the max. company can claim.
The company should have replied in writing by effective modes of communication e.g redg. post, to resignation submitted by employee.
The time for payment of FNF dues is on the last day in office, within next 2 days or max. by usual Pay Day. Model Standing Orders (13. Termination of employment)
The company should have also supplied the Service Certificate on the last day.
Model Standing Orders (16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.)
If the company had proceeded to level charge of absconding: a misconduct, then it should have supplied communications/notice/show cause notice preferably by redg. post, advertised in 2 newspaper and should have supplied termination order by redg. post.
Model Standing Orders (14. Disciplinary action for misconduct)
You may submit a carefully structured communication by letter thru redg. post addressed to good offices of appointing authority, MD and raise your demands and reply and payments by bank DD and docs by redg. post so as to reach you say in next 7 days………………….
If possible seek an appointment from good offices to meet in person and clear the matter.
Has the company been deducting PF, ESIC etc and has it supplied all salary slips, PF number, PF a/c slips for entire length of service, ESIC card, Form 16……………….etc
If the god offices do not respond or resolve……………………………….you may approach:
>> Lawyer/Law firm: The legal notice from lawyer can drill sense into the heads.
>> Trade Unions, employee’s group/union/IC/Guild…………………..
>> O/o Labor Commissioner: labor Inspector………..
>> Inspector under Shops and Commercial Establishments Act of the State…………
>> Inspector under Payment of Wages Act (applicable to all employees drawing wages as per def. of wages as in the Act up to Rs. 180000/pm)
2. Definitions………3*[(vi) "wages" means………………..(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;
3. Responsibility for payment of wages
4. Fixation of wage-periods.
5. Time of payment of wages.-
7. Deductions which may be made from wages
>> Police;
There are threads to indicate employees have been contemplating to lodge criminal complaint under sec 406/420………………………..and approach employers as Creditors treating the employer as Debtor and unpaid wages as debt on employer…………….
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI
Discussion > Labour & Service Law > Disputes > Delay in full and final settlement payment
>> Form16: Lodge complaint with ITO-TDS where employee files his IT return and jurisdictional CIT-TDS where employer files his return.
>> PF; The company could have chosen to deduct PF on the threshold compulsory limit as set by EPFO. RPFC in local o/o PF Commissioner can be approached.
>> ESIC: The wage ceiling was fixed at Rs.15000/pm as per def. of wages in the Act.
{It has recently been hiked to Rs.25000/pm
https://www.lawyersclubindia.com/forum/files/1001059752_esic-limit.pdf}
>> Civil Court
https://www.lawyersclubindia.com/forum/Bpo-norms-88678.asp#.UkaEv9KAqWM
https://www.lawyersclubindia.com/experts/Notice-period-not-served-in-full-425096.asp#.UkaBCdKAqWM
https://www.lawyersclubindia.com/forum/Empolyer-forcing-for-notice-period-89058.asp#.UkaBQtKAqWN
https://www.lawyersclubindia.com/forum/Not-giving-pay-slip-experience-and-pre-leave-certificate-87112.asp#.UkaEMNKAqWM
https://www.lawyersclubindia.com/forum/details.asp?mod_id=70662&offset=2#.UfpLxtKAqWM
https://www.lawyersclubindia.com/forum/Denied-of-employment-experience-letter-87039.asp#.UhhfaNKAqWM
https://www.lawyersclubindia.com/forum/Ites-bpo-companies-category-86982.asp#.Uhhf29KAqWM
https://www.lawyersclubindia.com/forum/Wrong-termination-and-forcing-for-resignation-85949.asp#.UhhgytKAqWM
Some of the unions for IT/ITeS/BPO employees:
https://www.itpfindia.org/ https://www.itecentre.co.in/
Contact Us
Please contact us on mail id :
contact@itecentre.co.in. ph : 9620907912
Please Join ITEC group for discussion among IT-BPO employees.
To join the group, please send a blank mail to itec_bangalore-subscribe@yahoogroups.com
https://ithiworld.wikispaces.com/News+Update
ITHI, a forum of women employees in IT and ITeS
IT/BPO Voice of India | Facebook
CBPOP (the present UNIDOC)
www.unitespro.org https://www.wbitsa.org/
