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Definition of Absconding Employees in legal Terms

Page no : 2

Arvind   30 October 2016

sir,I found below link is it correct 

https://itnitesunion.wordpress.com/contact-us/

Thanks,

Kumar Doab (FIN)     31 October 2016

Yes, It is one of them.

Search others also.

Your state had also kept list of Trade Unions and contact details of officials on website of Dept. of Labor.

 

 

Arvind   31 October 2016

Thank You Sir ..I got other link as well .

https://labour.kar.nic.in/labour/trade-unions-list.htm

Kind Regards,

Arvind

Kumar Doab (FIN)     31 October 2016

Yes, you got it right.

You have posted that:

"After 3 month Company terminate me from job'

Is date of termination on termination order and date of disptach of termination order is same?

If termination order is dated/disptached after 3 months, then did company supply salary slip of these 3 months and paid salary also?

 

You may go thru;

THE KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1961;Sec;39

https://dpal.kar.nic.in/8%20of%201962%20(E).pdf

 

 

1 Like

Arvind   31 October 2016

Thank You sir for your all the help.

I got termination letter through email after 3 month of my regin.(I send regin through email)

I did not get any pay slip or salary.

Even I dont want the  salary and service letter ,but they should not ask for Notice period amount.

Kind regards,

Arvind Kumar Singh

1 Like

Kumar Doab (FIN)     31 October 2016

You have not replied to;

Is date of termination on termination order and date of disptach of termination order is same?

OR is termiantion order backdated by 3 months?

 

What is the reason for termination mentioned in it?

 

You must get service certificate without any adverse comments, and also PF number, Form16!

YOu must act so that the termiantion is also erased from service record.

 

Don't conceal this employment in employment history submitted to any employer.

 

 

 

 

Arvind   31 October 2016

Is date of termination on termination order and date of disptach of termination order is same?

Yes ..termination date metion 13 April and I got email on 15 April

OR is termiantion order backdated by 3 months? No 

What is the reason for termiantion mentioned in it?

Company asking for resgin through company portal not through email,and I am not responded that email,so company assume as misbehave and unauthrize absense.

Kind Regards,

Arvind

 

Arvind   31 October 2016

sir I want to know ,Software company also coming under  "SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1961"

Thanks,

Kumar Doab (FIN)     31 October 2016

Company can request for additional/another resignation at its software tool.

Don't think that it can be an imposition, leave apart mibehaviour or unauthorised absence.

Company can ask to handover the charge/assets (if any).

Post reciept of email company was under obligation to communicate by effective mode of communication say; email/Redg. Post from Post office the exit fomalities if any. 

Resignation is personal matter of employee and even on plain paper by ordinary post is valid.

You have the option to reply that subsequent to email you have posted letter of resignation by ordinary post and attach the photocopy kept by you.

You have the option to reply that since for 3 months comapny did not supply any communication to post in software resignation tool you could not consider the request.

 

Since company did not communicate anything post reciept of email by employee communicate resignation, it has retained in employment and hence it might be construed that it allowed tom remain out of office and processed salary. 

Let your very able counsel specializing in Labor/service matters draft each communication for you.

 

The termination seems to be a bad order and may be called back.

 

Arvind   31 October 2016

Sir,I am very grateful to you for giving me the such kind of help.

Thank You once again.

Kind Regards,

Arvind Kumar Singh

Kumar Doab (FIN)     31 October 2016

Has the company supplied the copy of termination order to Dept. of Labor?

Apparently in your state it has to.

If yes and if it has not;then it be deemed as violation.

Get in touch with employee's unions.

A very able counsel specializing in Labor/service matters can fetch you relief.

 

Do you know any counsel at your location?

Have you consulted so far?

 

Kumar Doab (FIN)     31 October 2016

You are welcome.

Arvind   31 October 2016

Has the company supplied the copy of termination order to Dept. of Labor?

Apparently in your state it has to.// I think he did not  sent  termination order to Dept. of Labor,I am not get notice .

If yes and if it has not;then it be deemed as violation.

Get in touch with employee's unions.//I sent all the details to Ites union.

A very able counsel specializing in Labor/service matters can fetch you relief.

Do you know any counsel at your location?  //I dont know any counsel,but I am trying to reach.

Have you consulted so far?

Kind Regards,

Arvind Kumar Singh

Kumar Doab (FIN)     01 November 2016

You may go thru:

"it imposed an obligation on all such establishments to inform the Deputy Labour Commissioner and the Commissioner of Labour about any decision to suspend/terminate/dismiss/ demote/discharge any employee.'

 

https://blog.ipleaders.in/why-a-recent-landmark-decision-by-the-karnataka-labour-department-epitomizes-the-need-to-have-robust-labour-laws/

 

You should consult on your own a very able counsel specializing in Labor/Service matters.

 

Do you know of any counsel? 

Have you contacted?

 

 

The termination order should be termed, Bad' and called back by employer on its own and in writing and with confirmation that it has removed it from personnel file/service card/servic record and your conduct has been good and since termiantion order was bad it agrees to supply salalry slip of all 3 months and acknowledgment of resignation supplied by you by email, ( Acceptace: if and as and when your counsels opine for it ) , Form16, Correct FnF statement, PF number and a/c slip, ESIC Crad, Form16 as per  Correct FnF statement, servic ecertificate and relieving letter both with good comments and by email from official email id of company and on its letterhead thru Redg. Post etc etc..........

Kumar Doab (FIN)     01 November 2016

Employee's is a huge community and a huge vote bank and may take up matter to withdraw exemption gratned to IT /ITeS from Industrial Employment (Standing Orders) Act, 1946


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