Employee should always maintain proper record of job advertisement, job application, interview call letter, selection letter, offer letter, appointment letter—any HR or any other policy stated and mentioned in offer letter or appointment letter and before signing any document employee should always consult elders in the family, competent and experienced well wishers, lawyer/law firm.
Employee should obtain certified copies of service conditions, service rules, HR policy, Exit policy, FNF policy, Standing orders ( certified/model) applicable to the company and extended to the designation of the employee, leave policy, incentive policy or whatever and whichsoever other policy and rules and regulation in force in company.
Employee should become member of employee’s unions, and affiliate to Trade Unions.
Is it stated in appointment letter that notice period during probation period is 15 days or notice pay in lieu of notice period is to be issued?
Did you accept change in notice period in writing ever in response to notice for the change by the company?
If not then the notice period/pay during probation period is NIL and since your employment was not confirmed you may be treated in probation period.
However a lot shall depend on statements and language of statements in appointment letter issued to you, therefore without any hesitation and wasting time you may show it your labor consultant/service lawyer and proceed under expert advice of your lawyer.
Do you have copy of resignation, its proper acknowledgment from company, and did you obtain proper acknowledgment of handover from boss?
If you have handed over the charge then nothing is pending at your end.
What is this establishment: Industrial or Commercial?
How many employees are employed in it?
You and redg. office of the company are located in which state?
Instead of remaining entangled in conversations with Heads and others raise your demands in writing under proper acknowledgment by redg. post preferably to appointing authority, MD, Chairman and may narrate the representations made to this Boss (mention dates, phone numbers, dates, names and brief minutes of discussion) and cite that your service was not confirmed despite having performed very well and this is the reason that you have decided to separate by resignation, and as desired from you , you have already handed over the charge and no task/assignment was left pending at your end.
You may also highlight that as per clause number.............................in appointment letter dated...........................issued to you during the notice period /pay is of 1 month after confirmation of service only, and your service was never confirmed by company.
The notice period/pay during probation period is NIL but this Boss is time and again demanding to tender notice pay of 15 days which was never agree upon as per bilateral agreement signed in the form of appointment letter issued by employer.
Hence good offices should supply by redg. post only so as to reach you in next say...................7 days: acknowledgment of having received resignation, acceptance of resignation, the original and correct FNF statement as hard copy under seal and signature by hand of the competent employee for verification and acceptance by you, Form 16 as per correct FNF statement, payment of earned wages and FNF dues by bank DD only, service certificate, relieving letter, NOC/NDC, PF number/account slips of entire period of service, ESIC card, Insurance card, salary slip of last month and all month’s of service, etc.................
All employees are entitled to get the service/work experience certificate.
Model Standing Orders:
As per Model Standing Orders notice period/pay during probation period is NIL.
13. Termination of employment.- (2) No ....................... probationer................. shall be entitled to any notice or pay in lieu thereof
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.
17. Liability of 17[employer].--The [1][employer] of the establishment shall personally be held responsible for the proper and faithful observance of the standing orders.
If the notice period is not applicable in your case then no notice pay can be adjusted and company should have paid your wages on last day in office and since it has not it might have not paid PF,ESIC,TDS, Insurance and this is default.
Employee can approach:
-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, this Head, appointing authority, CEO, Chairman, MD in list of noticees............
Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................
Your lawyer may ask you a set of structured questions and may opine that you are covered.
If you are not covered then for the notice period/pay you may have to refer to job advertisement, offer letter, appointment letter, service rules, service conditions, service codes and regulations etc ...........................
-Trade Unions/ Employees Unions: They know precise ways to handle such issues
-Inspector under Payment of Wages Act (applicable to all employees drawing wages as per def of wages in the Act up to Rs.18000/pm)
-Inspector under ( name of your state) Shops and Commercial Establishments Act;
-o/o Labor commissioner
-RPFC in nearest PF office
Inspector ESIC in jurisdictional ESIC office
-IT)-TDS where employee files ITR and jurisdictional CIT-TDS where employer files ITR
-Civil Court.
The wage ceiling for ESIC was Rs.15000/pm ( being revised to Rs.25000/pm) and the employer has option to contribute PF up to wages Rs.6500/pm.
There are threads to suggest that employees have been contemplating to lodge criminal complaints u/s 406, 420................................for criminal breach of trust.....................................and your lawyer may opine that name of Boss can be included in list of notices.
You may fine tune your representations as suitable to you.
The lawyer that has seen all of your docs can advice you the best.
