In the title of the thread initiated by you, you have stated “Method to serve notice to employer”
Whereas in the post you have posted that “notice to the employee”
It is guessed that you intended to initiate the thread for “notice to employer………….”
Before sending any kind of notice to employer, employee should approach competent and experienced well wishers, Trade Union leaders, lawyer/law firm, with copies of job advertisement, job application, interview call letter, selection letter, offer letter, standing orders applicable to the company (certified or model) appointment letter, any other relevant communications, and give inputs in person and thereafter proceed under expert advise of the labor consultant/service lawyer………………………………The lawyer that has seen entire docs and has analyzed inputs can advise the best.
A seasoned lawyer would prefer to submit representations to employer to build the case in anticipation of what remedy or relief is required for employee.
The employee can certainly submit a representation titled as “Notice” raising his demands and set a time period to meet his demands and mention that else he shall be constrained to approach his lawyer, lawful authority etc…………………………….at the cost and consequences of employer.
The employee can thereafter or directly send legal notice thru his lawyer. The lawyer shall raise his demands for his client and set a time period to meet his demands and mention that else he shall be constrained to approach lawful authority etc…………………………….
Employee can approach conciliation officer in o/o Labor commissioner and submit demand notice. The conciliation officer shall grant opportunity for conciliation and if the conciliation proceeding fail he shall refer the matter to labor court.
As per amended ID Act employee can directly approach Labor Court (State/Central) as per Appropriate Government in his case………………………
The sensible employer should and they do take the notice seriously and seek legal opinion.
Of course there are Line managers/HR/Legal cell/ and even employers/promoters that are adamant, recalcitrant, high headed…………………………and believe in stretching the litigation……….
