I have been writing and reiterating in threads that employees in your trade e.g. IT/ITeS/BPO/KPO are not:::::: properly informed, are not united, do not become member of employee’s unions/trade unions, do not consult elders in the family/competent and experienced well wishers/peers/colleagues……………………..and do not retain access to a competent and experienced Labor Consultant/Service Lawyer……………………………………….
There are many threads and you can pick up relevant points.........
https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UwDFP0eBmXU
https://www.lawyersclubindia.com/forum/details.asp?mod_id=85821&offset=1#.Uf4_JNKAqWM
https://www.lawyersclubindia.com/forum/Notice-period-nad-absconding-employee-92345.asp#.UpMpStIW1MA
https://www.lawyersclubindia.com/forum/Mnc-issuance-of-experience-certificate-re-leaving-letter-92229.asp#.UoiogdKAqWM
https://www.lawyersclubindia.com/forum/One-sided-notice-period-92171.asp#.UoiondKAqWM
https://www.lawyersclubindia.com/forum/Query-regarding-relieving-letter-and-continuity-bonus-92151.asp#.Uoio6NKAqWM
https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UoSg3nCAqWM
https://www.lawyersclubindia.com/forum/Notice-period-92146.asp#.UoTD33CAqWM
https://www.lawyersclubindia.com/experts/Different-notice-period-for-employee-and-employer-during-probation-432151.asp#.UoTGvHCAqWM
1. Notice period/pay is part of service conditions and it is duly mentioned in various enactments applicable to establishment’s e.g. Standing Orders, (Name of the state) Shops and Commercial Establishments Act…………………..
If standing orders are certified refer to it. If standing orders are not certified refer to Model Standing Orders…………………………
As per Model Standing Orders; Sec13: Notice period during Probation is NIL.
Standing Orders being instrument of law/statue shall prevail upon any private agreement that employer ha signed with employee e.g. appointment letter, contract of employment…………………
Andhra Pradesh Shops and Commercial Establishments Act is so employee friendly…………………………..IN fact in newly carved state you (all employees) should attempt and see to it is applied verbatim…………………….and no exemption is granted by state government to IT/ITeS or any company from Standing Orders…………………….
As per this Act; Sec 47: Notice period for service <6months is NIL………….
As per post of another employee the Chief Inspector ( i.e. labor Commissioner) under Shops and Commercial Establishments Act (AP) reiterated that notice period as in the Act shall prevail upon notice period inserted by employer in appointment letter.
https://www.lawyersclubindia.com/forum/Employer-not-relieving-employee-contt-89308.asp#.UkP5C9KAqWM
Hence notice period in your case may very well be NIL.
However let your lawyer finally opine on it after examining all of your docs.
2. Your neighboring state Kerala has included IT sector in Min. Wages Act and also under standing orders…………………..you may go thru:
https://keralaitnews.com/state-scan/thiruvananthapuram/3458-kerala-government-notifies-minimum-wages-for-it-industry
https://www.lawyersclubindia.com/forum/Standing-order-mandatory-for-kerala-comm-establishments-85438.asp#.UkxL_NKAqWM
3. NASSCHOM or NSR can not blacklist any employee!!!!!!
https://itnitesunion.wordpress.com/2010/06/23/in-nsr-can-a-employee-be-black-listed-i-am-asking-this-as-some-employers-have-said-this-to-employees/
You may go thru the attachment.
You (all employees) may decline to sign any condition that makes it mandatory to register with NSR.
You must record the threats…………(audio/visual)………..and lodge complaint with any lawful authority at any point of time including ‘Works Committee’ comprising of employees. The works committee is an authority under ID Act:
CHAPTER II: AUTHORITIES UNDER THIS ACT: 3. Works Committee
4. What is provided to you by the company : Offer Letter or Appointment Letter?
If appointment letter is not provided it is another violation of:
Andhra Pradesh Shops and Commercial Establishments Act:
5. If employer has inserted notice period/pay in offer/appointment letter then it applies to it also and can not be breached by employer.
6. The Manager/HR is not your employer. They are just another employee in the company like you. Hence you may submit copy of resignation to good offices of appointing authority, MD, Chairman preferably drafted by your lawyer letter thry Redg. Post and vehemently deny any attempt to call or declare you Absconding/Abstaining/Basenting………………..
Hope the above shall suffice.
