Pavan 10 May 2017
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 10 May 2017
You can approach labour commissioner office and submit your grievance there. or else you can contact our brother advocates as above mentioned.
Pavan 10 May 2017
Kumar Doab (FIN) 10 May 2017
While posting such queries employee should post basic information!
What is this establishment; Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state?
Since how many months you are working?
Do standing orders (model/certified) apply to establishment and your designation?
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Are you a member of employee’s/trade unions?
Kumar Doab (FIN) 10 May 2017
Have you tendered notice of resignation/period in writing under proper acknowledgment?
The said banl a/c is your personal bank a/c or salary a/c?
Download record of attendance, peformance, leave, appraisals, apreciations, etc etc . This and I.Card and even bank transfers may help you.
All affected employees may join hands and stand as witness to each other if required.
Does employer provide PF number and a/c slips/ESIC card ( if applicable)?
Some states do have enactments having clause on issuance of appointment letter.
Pavan 10 May 2017
Kumar Doab (FIN) 10 May 2017
Go thru:
THE KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1961
1 [6A. Issue of appointment orders.—
39. Notice of dismissal.—
https://dpal.kar.nic.in/8%20of%201962%20(E).pdf
Kumar Doab (FIN) 10 May 2017
If you have tendered notice of resignation by ordinary post or in office submit a copy and request that the notice period as demanded by employer verbally has been complied by you.
Otherwise the employer has not issued any appointment letter.
If it issues now write date besides your signatures.
Kumar Doab (FIN) 10 May 2017
Verbatim the Act does not lay down notice period for employee, except that if by an agreement it has been agreed upon and if it is entiles employee .................."to more favourable benefits ".
NO such agreement or appointment letter or award, agreement or contract of service exists in your case as per your post.
ID Act does not lay down any notice periuod for employee.
Start building irrefutable written record.
Remain amiable and gente.
Kumar Doab (FIN) 10 May 2017
If establishment had 20 employees then PF/ESIC should have applied and should continue to remain applied.
If by wage ceiling you are covered it should have been provided.
Go thru: THE KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENTS RULES
The establishment and employer has to submit various registers that contain enteries on wages/slips,DOJ-LWD,OT etc etc..................
The list of employee's/trade unions is also available on website of Dept., of Labor, Karnataka.
Kumar Doab (FIN) 10 May 2017
If you are covered by the def. of wages as in Payment of Wages Act then per Sec;13A the signed salary/wage slip should be provided.This Act does not discriminate between 'Workman' , 'Non Workman'.
Apply your skills and resolve the matter with employer, or approach Inspectors appointed under these Acts.
Employee's trade unions can help and support you.
Pavan 11 May 2017
Kumar Doab (FIN) 11 May 2017
Resolve the matter with your own skills and using the information and if required lean on employee's unions/Trade Unions, Counsels specializng in labor/service matters, Law ful authorities.
Kumar Doab (FIN) 11 May 2017
You are welcome.