Company is not issuing relieving letter

The notice period of 90 days may not be neccessarily be applicable to you.

The service certificate has to be issued even if Manager does not agree.

What is this establishment registered as ; Commercial, Industrial, Small Enterprise? The registration certificate should have been displayed near entrance.

What is its line of business: e.g.: IT, Banking,etc?

How many people are employed in it?

Redg. office of the company and your reporting office  is located in which state?

You were located in which state?

What was your designation and nature of duties and how many persons were reporting to you?

Did you have any power to sanction leave, pass increment, conduct appraisal, recruit/appoint/terminate?

Who has signed the appointment letter?

Were you under probation period or a confirmed employee?

Reply point wise to each point.

Submit a written representation under proper acknowledgment addressed to good offices of appointing authority, MD, Chairman that you have properly resigned , no tasks are pending at your end, have affirmed to handover the charge……………………and narrate all representations made so far……………………..and build favorable record in writing under proper acknowledgment…………………………………..

Submit final resignation………………………………..from the day you have left office………………and if you have sent it by post…………………………attach copy.

1.     The issues is that employee’s either do not unite or do not become members of unions do not form ‘Work’s Committee’/IC/GuilD,,,,,,,,,,,,,,,,,,,,,,and are ill informed to handle their issues……………………..then they are apprehensive to approach unions and lawyers even when they suffer…………………

2.     So many employees post their matters but few of them learn how to deal with such issues effectively e.g;

https://www.lawyersclubindia.com/forum/Holding-of-salary-in-notice-period-of-two-months-109150.asp#.VBxRoJSSwb8

 https://www.lawyersclubindia.com/forum/Notice-Period-109605.asp#.VCglb2eSwb8

3.     Are you aware that  ‘‘Work’s Committee’ is an authority under ID Act and employee’s can negotiate service conditions with employers……………………………..and that Chairman/President is from Employee’s side and the committee has equal number of employee’s as members?????

4. 30 days by all counts is sufficient for the employer to put his house in order.
5. Notice Period:

You should be covered as ‘Employee’ as in Karnataka Shops and Commercial Establishments Act , ‘Workman’ as in ID Act.

90 days notice period may really not be applicable in your case. It should not be more than 30 days and that you have served.

Notice period is part of service conditions and is stated in appointment letter drafted by employer and signed with employee………………………..and various enactments applicable to the establishment and employee……………….

e.g. ( name of the State) Shops and Commercial establishments Act that was enacted to govern the service conditions of employees working in such establishments and IT companies are covered by this Act.

In NO STATE as per this ACT notice period is above 30 days depending upon length o the service.

Standing Orders are also applicable to IT/ITeS companies and if standing orders are not certified Model Standing Orders shall apply.

Sec;13 Notice period during probation is NIL and after confirmation of service it is 30 days……….

Sec:16: Service Certificate has to be issued to all employees.

Any service condition that is inserted by employer in any private agreement drafted by employer and signed with employee, that is inconsistent with service conditions an per these ACT/Statue/Instrument of law shall not survive…………………..

Employer personally shall be held responsible for violation of these enactments.       

There are many threads that you may find relevant e.g;

In the meantime you may go thru following threads and you shall be absolutely clear:::

https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UwDFP0eBmXU

https://www.lawyersclubindia.com/forum/details.asp?mod_id=85821&offset=1#.Uf4_JNKAqWM

https://www.lawyersclubindia.com/forum/Notice-period-nad-absconding-employee-92345.asp#.UpMpStIW1MA

https://www.lawyersclubindia.com/forum/Mnc-issuance-of-experience-certificate-re-leaving-letter-92229.asp#.UoiogdKAqWM

https://www.lawyersclubindia.com/forum/One-sided-notice-period-92171.asp#.UoiondKAqWM

https://www.lawyersclubindia.com/forum/Query-regarding-relieving-letter-and-continuity-bonus-92151.asp#.Uoio6NKAqWM

https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UoSg3nCAqWM

 https://www.lawyersclubindia.com/forum/Notice-period-92146.asp#.UoTD33CAqWM

 https://www.lawyersclubindia.com/forum/Notice-period-issue-109495.asp#.VCA5gpSSwb8

6. The IT employees have now female employees unions and employee’s unions and trade unions like CITU< INTUC, BMS, AITUC are willing to embrace IT employees……………………..and united forums are best forum to address employee’s issues….

https://www.itecentre.co.in/

https://ithiworld.wikispaces.com/News+Update

IT/BPO Voice of India | Facebook

UNITES Professionals

www.unitespro.org

https://www.wbitsa.org/

www.itpfindia.org/‎

https://itnitesunion.wordpress.com/author/itnitesunion/

Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)

mankar.janardan@gmail.com

________________________________________

https://www.shivsena.org

https://www.amrc.org.hk/node/1088         CBPOP

https://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html

https://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx

https://www.dnaindia.com/mumbai/report-shiv-sena-forms-first-union-in-information-technology-sector-1465435

Shiv Sena forms first union in information technology sector

7. Approach your Labor Law Consultant/Service Lawyer AS AP with all docs on record and proceed under expert advice of your lawyer.
   
   The options are:
   
   
   --Lodge complaint with Inspector under Payment of wages Act if your wages were upto Rs.18000/pm as per def. of wages in this Act.
   
   --Lodge complaint with Inspector under (name of the state) Shops and Commercial Establishments Act.
   
   --Lodge complaint with O/O Labor Commissioner
   
   

--approach civil courts



--approach employee's unions, trade unions and put pressure................

8. However discuss everything with elders in your family and choose the option that suits your aptitude.

Last Reply

You should preferably submit a written representation under proper acknowledgment that you have not absconded and no untruthful statements should be said, recorded and published against your name.

The matter has been discussed in detail.

You need to Act now.

Act preferably under the expert advice of your lawyer now.

Meet your lawyer preferably with elders in the family.

Rest is up to you. You may proceed as deemed fit at your end.