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Ruchi (SE)     24 October 2012

Not serving notice period

 

Hi,

I want to ask a question for my friend. She joined an IT company on 21st july in gurgaon. At that time she had two offers but she preferred to join near his home even the other one was much better. After joining they gave her 10 days accommodation in hotel and some relocation amount. But there they gave different work from what they promised verbally and work culture was very bad. It was normal to come on weekend and work from 10 morning to 11 at night. And getting scolded from managers is common to everyone. At the end she fed up and decided to discontinue. She called the other employer (The other offer she had) and requested them that she could not join because of some personal reason now she is willing to join. They gave her joining based on previous employer only.so no experience certificated needed from this organization. She resigned on 3rd of oct saying health issue. After that she got a call from his manager and she scolded her that come or I shall abscond you. Then after 10 days HR called her and she described. She said she has to come and serve notice period. Now they have sent her a letter to her permanent address saying she has to come. They have never asked or mention about notice pay money. In offer they mentioned 

Your employment with the Company may be terminated after giving a notice of two months or salary (Basic + FBP) in lieu thereof. You are bound to give two months notice before leaving the services of the Company. You will ensure that all your on-going activities are successfully completed and handed over as per the Company guidelines on the separation process. Depending upon business requirements, the Company may or may not accept your request to shorten serving of the notice period against the payment of salary (Basic + FBP) in lieu of such shortened notice period.

Should you voluntarily terminate your services with xxx (Organization Name) before a period of 2 years from the date of joining, you will be required to return the relocation amount & settling-in allowance paid to you, at the time of full and final settlement.

 If according to company law she has to pay arround 1 Lakh for 2 months salary and hotel and relocation.

There was no bond and She was in probation. Can they spoil his future? Is it necessary to pay? As 1 Lakh is a huge amount. What company can do at max?



 2 Replies

JANAK RAJ VATSA (ADVOCATE)     29 October 2012

the terms and conditions of the appointment letter are to be adhered.  for any further query, contact me at gurgaon on 9560800244.

Kumar Doab (FIN)     29 October 2012

You may show appointment letter, letter sent by HR, resignation submitted by her etc  to your lawyer.

Your friend should have described the issues, rude conduct, scolding, extended work hours, forced work on off days, etc faced by her in her notice of resignation/resignation and thus declare the employer as unworthy of being employed with.

The SE Act is applicable to IT companies.

SE Act applicable to Haryana as downloaded from labor website of Haryana is enclosed.

https://hrylabour.gov.in/page.php?module=shops_act

You may go thru:

“7.    HOURS OF EMPLOYMENT:-

(1) Subject   to   the   provisions   of   this   Act,   no   person   shall   be   employed

     about the business of an establishment for more than forty-eight hours

     in any one week and nine hours in any one day.”

“8.    INTERVALS FOR REST OR MEALS. –

24[(1)   Subject    to  the   provisions   of   Section    6,  no   employee,   except   a

 

     chowkidar,      watchman       or  guard,    shall   be   allowed     to  work    in  an

     establishment for more than five hours before he has had an interval

     for rest of at least half an hour :

     Provided that Government may by notification fix such interval for rest

     in respect of any class of establishments for the whole of the State or

     any part thereof as it may consider necessary.]”

“11. EMPLOYEES’ OFF DAY IN A WEEK.-

     No employee shall be allowed or required to             work –

     (a) on   a   close   day,   in any   establishment        which    is   required   to

         observe a      close   day;”

Your employer has made you to work on off days and that too probably without any prior notice, break/rest, wages, and compensatory off.

 

“20. RECORDS.-

(2) The   employer   of   every   establishment,   about   the   business   of   which

     persons are employed, shall in the prescribed form and manner, keep

     a record of the     working hours, rest intervals and the amount of leave

     taken     by    every    person     employed       about    the    business     of   an

     establishment   and   particulars   of   all   overtime   employment   shall   be

     separately entered in the record.

49[(2A) The employer of every establishment, about the business of which

 

     persons are employed, shall mark the attendance of every employee

     in the register maintained for the purpose within one hour of the start

     of   duty   and    in  the   case    of  overtime     every   entry    regarding    the

     commencement   or   closure   of   overtime   shall   respectively   be   made

     before or after such commencement or closure]”

You have been made to work overtime and record of overtime and payment of OT is to be maintained by employer.

“23. NOTICE BY EMPLOYEE.-

(1) No     employee,       who    has    been    in  the   service    of   the   employer

     continuously      for   a  period    of   three   months,     shall   terminate     his

     employment        unless    he  has    given   to  his   employer    53[thirty]  days’

 

     previous notice or pay in lieu thereof.”

This implies no notice period and notice pay is applicable in your case.

 

21.     INSPECTION            OF      REGISTERS            AND        CALLING          FOR

INFORMATION:-

The inspector can call for records including the appoint order, working hours, worked hours.


Attached File : 805341739 the punjab shops and commercial establishments act and rules.pdf downloaded: 125 times

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