Notice period is part of service conditions that are governed by various enactments applicable to establishment/employer/employee and these enactments shall prevail upon any private agreement/rule/policy that employer has drafted and signed with employee e.g. appointment letter/HR policy/service rules and regulations etc.
Notice period is counted in service period. All off days/holidays etc are counted in notice period and also in service period.
If employee has tendered notice of resignation then employer has sufficient time to put his house in order and arrange to handover and provide all employment related docs and FnF payouts on LWD.
The FnF wages should also be paid maximum by usual pay day.
Thee employee can lodge a complaint the moment payment of his earned wages is delayed even if by a day from usual pay day and employer can be penalized say by Rs.7500/instance.
Loss of property: Proper receipt of property handed over to employee, damage loss caused if any, notice, show cause notice, domestic inquiry, should have been conducted and opportunity of natural justice should have been granted.
Salary deductions: Should have been shown in salary slip. If you have completed 8hrs/day then no deductions from wages can be made. If you are late by 15 minutes and there is a deduction and if you worked for more than 8hrs/day and 48hrs/week then you are eligible for OT @ double rate.
You are entitled for complete digital/manual attendance record.
Did you get acknowledgment of notice of resignation, resignation, acceptance of resignation, FnF statement, salary slip of all months including last month, service certificate, relieving letter (with good comments), Form16,PF a/c slips,ESIC card, NOC/NDC, handover of charge etc………..?
What is this establishment registered as: Commercial,Industrial?
The office /Div. where you are posted is registered as: Commercial,Industrial?
How many maximum persons are employed in it at any point of time, before and after your joining?
Did you record the threats (audio/visual/minuted/witnessed)?
The Redg Office, Corporate Office of the company, and your reporting office was located in which state?
What was your designation and nature of duties?
Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy,FnF policy that are mentioned in the appointment letter?
What was your monthly salary?
Was any appointment letter, salary slip of each month, PF number with a/c slips, ESIC card,Form16 given to you?
What is your designation and nature of duties? Did you have power (not just recommend)to sanction leave/increment/appoint/terminate? Can anyone cancel your recommendations?
Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?
Do you record of attendance? Did you ever work for more than 8hrs /day and 48 hrs/week and was any OT paid? Did you claim OT?
Has acknowledgment of notice of resignation, supplied to you?
Are you a member of any employee’s/Trade Unions?
You should provide full information, pointwise!
