surajit samanta (accountant) 04 November 2015

Regarding resignation without notice

Hi!This is surajit samanta from west bengal,kolkata.I am working in a PVt.ltd.company,in kolkata for last four years,they wont increase My Salary in last three years,My salary is rupees 12000/-(twelve thousand only,)for last four years,I dont get any kind of bonus,this company has not regestered Under PF,ESIC, even they will not pay Proffessional tax to state government for last three years.they only give me an appointment letter,in this letter they committed that after six month they will provide me confirmation letter with all facility,but its more than three and half years that I received my Offer letter,But no other facility I have got.

one and half year ago I got a job,and as per their rules I am giving a 30days notice period,But they regect my notice period,and commit me that I have got all my facility within six month.so.where I applied ,the job I have lost,and its more than six month ,I didnt get any kind of facility,

and more over ,I have recureited as an accountant cum manager,But they now treat me Like maid servant,grocerry marketting for their family,vegetable market,puja market,

take baggage on their behalf like a porter,wherever they go.Now I have get another oppertunity,and I cant miss the Oppertunity,So I want to leave this company without any notice,another thing at the begining company has paid me by cheque,and now they pay me by cash,and there are only three staff in this company.

According to my position can I left this job with out notice

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5 Replies

Kumar Doab (FIN) 04 November 2015

What is issued to you: Offer Letter or appointment letter? Has any notice period been mentioned in it?

The max. notice period as per Shops and Estbs Act is 30days or notice pay is to be paid. You may go thru West Bengal Shops and Estbs Act.

If the no. of employees is ony 3 (including contractual ones) and your wages as per def. of wages in Payment of Bonus Act is rs.12000/ then:

You may not succeed to agitate on PF,ESIC,Bonus............

surajit samanta (accountant) 04 November 2015

they issued me offer letter

Kumar Doab (FIN) 04 November 2015

Has any notice period been mentioned in offer letter accepted by you?

Settle the matter amicably or lean on Employee's/Trade Union leaders etc.

Nisha Malik 05 November 2015

Dear Friends,

I worked with an IT company in Delhi last two months,they hired me on a monthly salary of Rs.15,000 as HR.
my director he is not paying me two months salary even he is not paying other employee two months salary also for which i wants to resign from my company and i wants to get my full and final settlement then suggest me what to do.

I have not any legal documents like appointment letter, relieving letter.
Please guide me what legal action should I take to get my salary presently.

Looking forward for your kind reply.

Best Regards
Nisha Malik

Kumar Doab (FIN) 05 November 2015

First of all download proof of having entered into relationship of employer-employee e.g. I.Card, emails,attendance record, assignments, (audio/video/minuted/witnessed) and then submit gentle communication narrating having employed you from dated....................as...................designation..............(avoid writing HR or Manager for the time being) @ salary of Rs.................../month and that you have attended to employment and were present on each day in office till date and our salary slip for months ......................and salary has not been supplied on pay day i.e. say last day of the month or 7th/10th of next month..............till date and you have represented in office on dated....................and dated..................to Mr/Ms.................and appointment letter has also not been supplied.....................and on dated it was assured to you that all pending docs and salary shall be supplied by dated.....................and you trusted it...............and conclude that you are unable to meet the expenses to attend to office and are facing acute financial hardships and salary slip,appointment letter,salary be supplied to you within say next .....................days.

............. YOu may look into provisions of Delhi Shops and Commercial Establishments Act, carefully and being HR person you can understand it. The appointment letter has to be supplied.............. You shall be covered by the provisions of Payment of Wages Act.........