1. You have not replied to all points.Pls reply to leftover points, e.g;
"What is your designation and nature of duties in offer/appointment letter and on record/ in practise? Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate? Could anyone cancell/amend your recommendations?"
No power to saction. No one can cancel amend my recommendations.
You might be covered by the def. of 'Workman','Employee'
2. You have posted that it is: 'IT / SAAS Company'!
SAAS- software as a service company
IT companies are covered by the Shops & Estbs Act.
Harayna follows: The Punjab Shops and Commercial Establishments Act
https://hrylabour.gov.in/docs/labourActpdfdocs/The_Punjab_Shops_and_Commercial_Establishments_Act_and_Rules.pdf
You may go thru:2(iv) (vi) (vii), 3,16,17,20,23
You may also go thru:
THE PUNJAB SHOPS AND COMMERCIAL ESTABLISHMENTS RULES, 1958
If you are covered by the def. of 'Employee' in the Act then its provisin shall prevail upon appointment letter.
The Max. Notice period is 30 days.
3. "I didn't get it. What standing orders here means ?"
"You were under probation/confirmed?
I was a Full time employee
"These are service conditions that NO employer can violate. These shall prevail upon any private agreement that employer has drafted and signed with employee e.g; appointment letter, contract of employment, HR policy etc
The Max. Notice period is 30 days, if Model Standing Orders apply.
If certified standing orders apply, then look into these.
Your HR is shrewd and has redcuced the notice period to 30days.
However you may still continue to press clause from appointment letter that NO Notice Period is applicable.
4. "What was your last drawn salary.27k"
You may check the Break up and post it.
5. "Did they write to you that your salary for period is withheld? Earned wages/FnF wages shuld be paid on LWD, say within next 3days or max. by usual payday.
Yes, it is written salary will be docked for 16 days. They took 9,900 for 8 days from me which includes three days leaves deduction too. 7200 +2700. Now they are demanding from me for rest of the days and two days leaves deduction more.
Earned wages have to be paid by the usual pay day or employer can be penalized.
Did they however supply the salary slip of Feb in time?
Not yet received.
6. "Better to be member of employee's/trade unions. - There are not any."
I wasn't aware.
You are wrong.
There are.
There are many.
There are even IT/ITeS female employees unions.
The unions have even affillaited with trade Unions.
7. "Yes, I have a mail for same in which they have sent me the break up stating how much I have to pay in order to get relieving letter."
The earned wages for 16 days of Feb was app. Rs.13500/.
The notice pay as per unproved claim (as per your post) of the company was Rs.9900/
Hence by common sense also, compnay should not made any such condition and ( minor fraud/blackmailing) and must have adjusted notice pay and released FnF statement and paid Rs.3600/
Have they made a comment about perfromance/conduct in relieving letter?
You should have got a positive comment.
Have they issued 'Service Certificate'?
No not yet. They will hold it as said by them if I don't pay them the money.
8. "Don't remain entangled with HR and escalalte to good offices of appointing authorit,MD (under proepr acknowledgment) and exhaust the internal remedies, and mention that you have contributed..................highlight achievements, awards/rewards, and you have never been accused of any misconduct, and no SCN was ever issued....................and request to provide relief, say within next 3 days.'
Have you written to good offices of appointing authorit,MD (under proepr acknowledgment)/
No, I am not aware. Good office of appointing authorit. Please elaborate.
Have you consulted an able counsel specialzing in labor-service matter? What is your counsels opinion?
No, this is the only place I have tried.