What are the random reasons given by HR?
If no offer letter/appointment letter was issued to you and accepted by you, no agreement is signed by you, you may claim no notice period/pay is applicable to you.
Such companies are covered by Shops and Commercial Establishments Act of the state, and standing orders are applicable.
Model Standing Orders: Sec 13- 18 : Notice period in probation period is NIL and after confirmation 1month.
The due date for FNF wages is last day in office, or within say next 3 days or max. by usual pay day.
The company has pledged to pay by last day in office by email.
You have completed your part of the responsibility by submitting company property as desired by company. Hope you have the acknowledgment/receipt for the same.
Did you state in notice of resignation the reason for leaving the company? Did the company on its own pay any interest on delayed payment of wages?
Did you get salary slip?
The company has breached its committement by not releasing due documents and payments as pledged by last day/date in office.
You may narrate all representations made so far by email, phone, in person etc (mention dates, phone numbers, names,…………..brief minutes of discussion) by final representation addressed to god offices of appointing authority, MD etc highlighting that you have complied to email dated………….…………………….and demand to supply …………… service certificate, relieving letter, FNF statement, FNF dues by bank DD only (thru redg. Post),Form 16 as per correct FNF statement, PF number (if applicable), ESIC card (if applicable), salalry slip of all onths of employment, etc……………………by redg. Post only…….so as to reach you in next say……………..7 days by redg. Post only.
You may mention that postage prepaid self addressed envelope is attached!
If good offices also do not resolve then you may approach your lawyer!
For recovery of wages you can lodge complaint with Inspector under;
--Payment of Wages Act
--Goa Shops and Commercial Establishments Act.
Discuss the matter in person with local Labor Consultant/service lawyer before you proceed further.
Your lawyer may opine that you can file complaint u/s 406, 420 and winding up petition in high Court too.
The enactments and contact details of Labor Officials should be available on website of Dept. of labor Goa or you can buy latest version from market.
https://www.lawyersclubindia.com/forum/Related-to-notive-period-101646.asp#.U2S8u0eBmXU
Concerned Dept, Head is made stake holder in the process and it is felt that you have approached HR, Director verbally and Dept. Head has refused verbally!
Submit minutes of meeting, mention dates, names, and conclude that NO tasks are pending at your end and routine duties be assigned that can be completed on day to day bais within and upto last day in office i.e. dated……………….
Bombay shops and Commercial Establishments Act is applicable to such companies.
You may go thru Sec: 66: Notice Period :For service period :::::equal to and more than 1Y =30 days, for less than a year but more than three months=14days, for equal to and less than three months= NIL.
38-B:Since no. of employees>50 standing orders are applicable.
If standing Orders are not certified Model Standing Orders shall apply.
Model Standing Orders;Sec13:Notice period after confirmation is 1month. Standing Orders being statue shall prevail upon any private agreement employer has signed with employer e.g. offer letter, appointment letter, contract of employment………………..etc. Service Conditions inserted in appointment letter that are inconsistent with standing orders shall not survive.
You can approach IT/ITeS employees unions and Trade union e.g;
Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)
https://www.dnaindia.com/mumbai/report-shiv-sena-forms-first-union-in-information-technology-sector-1465435
https://www.itecentre.co.in/
https://ithiworld.wikispaces.com/News+Update
IT/BPO Voice of India | Facebook
UNITES Professionals
www.unitespro.org
https://www.wbitsa.org/
www.itpfindia.org/
https://itnitesunion.wordpress.com/author/itnitesunion/
https://www.amrc.org.hk/node/1088 CBPOP
https://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html
https://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx
CITU, AITUC, INTUC,BMS, ShivSena
You can approach Inspector under Bombay shops and Commercial Establishments Act at PUNE, Labor Inspector/ALC in O/o Labor Commissioner,
Approach a competent and experienced lawyer. Lawyers are skilled in arbitration, mediation, conciliation and may be able to sresolve the matter without litigation.
Your lawyer may opine that you as per your designation/nature of duties should be covered as ‘Workman’ as in ID Act, ‘Employee’ as in shops and Commercial Establishments Act.
