You have posted that:
---“ In appointment there was notice period which they told me after joing so I have to sign that agreement.”
You mean to state that appointment letter was not issued and supplied to you on the date of joining and you had not seen, understood, accepted the terms and conditions on the day you joined?
Did the company issue the appointment letter in the date you joined the duty???
Was it backdated??
Have you put date on the day, you received your appointment letter, and signed acceptance??
Did the company show you the standing orders of the company and has it mentioned about standing orders/service rules/HR policy etc in appointment letter?
---“ The posting was at very interior place and after joining I for very much disputes in co. like manuplulation in payment of taxes, deducting salary of employee for small reasons, not paying dues at time of leaving, misbihaving with employee.”
Are you in any manner concerned and linked with “manuplulation in payment of taxes”, did you have to sign any document???
Did you ever submit a representation in writing under acknowledgment on the issues, complaints, grievances mentioned by you and including security concerns to your reporting authority and the good offices of your appointing authority, MD,
Chairman, Company Secretary etc….?
If yes you are pointing that employer is unworthy of being employed with.
--“ So as it was away form my home town and at very interior place I founded security risk. So on 13.03.13 I have left the job & secretly taken my family & luggage(as per suggesion of previous employees).”
“I have not taken any advance and given back the SUG sim which is only provided by co.(having supporting recipt)”
Have you submitted the notice of resignation/resignation in writing under acknowledgment/POD?
You have submitted the company property under acknowledgment.
--‘The co. in appointment letter not mention what will notice pay amt will it be basic or total(which i have asked on getting appointment letter but got no response)”
Ideally it should be Basic + DA as employer would disburse OT, Bonus, encashment of paid leave,. Gratuity etc at this rate….
--“ But now co. is treating me that they will recover 3month notice from me & will publish my photo in local newapaper.’
‘Iam from middle class family and just started my career I will be in problem if they do so. ‘
Who has states so? Have you submitted any protest in writing under acknowledgment?
Have you absconded? If yes company may supply you the notices to join duties and later may issue some advertisement before passing order of termination.
--“ I was only there for 2 month only can they still ask for 3 mnth notice pay.”
Does your company have its certified standing orders, and has it extended these to your designation? If yes company has to display these near entrance on Notice Board? If company is covered by the IESO Act but does not have certified standing orders, then Model Standing Orders shall apply.
Are you appointed on probation period??
If yes the notice period of 3 months during probation period is unreasonable.
As per provisions of IESO Act/Model standing orders, notice period is not applicable to trainee/probationer…..
13. Termination of employment:
You may check if your company and your office in your company are covered under SE Act of AP. The registration certificate is to be displayed near entrance on Notice Board. The SE Act is applicable to all employees including workman and non workman.
47. Conditions for terminating the services of an employee, payment of service compensation for termination, retirement, resignation, disablement, etc., and payment of subsistence allowance for the period of suspension :-
Max. notice period for service under 6 months is 15 days.
Thus the clause on notice period in appointment letter issued to you may be claimed/termed as void to that extent.
You may go thru other clauses as well.
The employer has to send the copy of the appointment letter and termination letter to Inspector within three days….
It shall be appropriate and worthwhile to show the advertisement for the job, interview call letter, selection letter, offer letter, appointment letter, standing orders of the company, stinkers/show cause notice/notice/charges leveled by company/Inquiry if any conducted by company, termination order, legal notice demanding bond money etc… to a competent and experienced labor consultant/service lawyer in person, give inputs in person, spend some quality time with your lawyer, and understand the merits, and then proceed under expert advice of your lawyer. Is there any clause on arbitration in the agreement??? You must not conceal anything from your lawyer.
Instead of being afraid you may not hesitate and approach a competent and experienced labor consultant/service lawyer.
Let your lawyer structure and draft your representations to the company now and cover any deficiency which you might have left, and thus build record in your favor.
Valuable advice of learned experts/members is sought.
