Resignation

you may resign from the company as there is no formal contract between you and the firm. tell me have you received the salary for the october, 2012, if yes then did they gave you in cash/cheque/bank transfer. have they issued any salary slip???

since, you have recently join the firm and haven't got any offer letter/appointment letter therefore, you need not worry about your resignatin. you may go ahead.

Further, if the firm files any false case then you needto defend the same.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

The company has not entered into employment contract with clear conditions on termination of contract, notice period/pay.

If company is covered under SE Act then it is felt that in case employee has worked for less than 90 days no notice period is required. Company is under obligation to issue and supply appointment order and keep copy in its records.

SE Act Delhi:

30. Notice of Dismissal.

2)   No   employee     who    has   put  in  three   months’    continuous    service   shall   terminate   his

employment unless he has given to his employer a notice of at least one month, in writing. In

case he fails to give one month’s notice he will be released from his employment on payment of

an amount equal to one month’s pay.

33.   Records.

(4)   The   occupier   of   every   shop   or   establishment   shall for   the  purpose   of this  Act maintain

such other

34.   Employer      to   furnish   letters   of  appointment   to       employees.—The         employer     shall

furnish every employee with a letter of appointment.records and registers and display such other notices as may be

The company has supplied the orders on its terms and conditions which are expressed on its bill also. The company is seller and shop is the purchaser.

In case of default the company can call back the goods, or proceed to recover the payment form buyer. Have you signed on any order form? Employee should help the company in booking genuine orders and to follow up for realizing the payments.

Employee is neither seller nor buyer.

Sir, I signed in a receipt stating  that cheque of Rs. ........ is received as salary, when I got cash cheque . But that was not my formal signature.

Have you deposited the cheque with company? Has the company mentioned cheque number on the bill? Usually cheque/DD number, LR number is mentioned on bill/invoice issued to the party.

If you have deposited the cheque with company and it has entered the cheque in its register, bill file of the company then the cheque is in custody of the company and you have discharged your duty. It is always better to mention cheque number on the body of order and usually there is a column for it. Employee should always keep record of all docs and records. Usually companies won’t dare to antagonize a buyer by issuing false statement that cheque is not received. Try and obtain some kind of acknowledgment from company or buyer that cheque has been handed over to the company.

What do you mean by cash cheque? Usually parties issue a/c payee cheque and if the terms are site of 30 days then parties issue post dated cheque.

Sir, I signed in a receipt stating  that cheque of Rs. ........ is received as salary, when I got cash cheque . But that was not my formal signature. And submmited in the bank by writing the name and sign(proper sign)!

Dear Sir,

I would like to seek an expert advice regarding the course of action I should take now. In brief, I had joined a company in April 1st this year. The employment contract specified me to be on probation period of 6 months and shall remain on probation unless I get a confirmation letter in writing from the company. In the mean time, the company had asked to sign  another contract after two months of joining, which eventually I had  to sign,  this new contract states  that even on probation period the employee has to give 3 months of notice period for leaving the organisation. Now during the probation period I have resigned giving 1 month of notice as was stipulated in HR Policy prevelent during the time of joining this company. But, the company is forcing me to give 3 months of Notice or the salary in lieu of, besides the company has not released my due salary of the last month. 

I request the experts to provide me the best advice, as I am not in a position to serve 3 months notice....

@ Jerin,

What do you mean by cash cheque? Was it a bearer cheque?

You were paid salary by cheque and you have encashed it by filling the proper cheque deposit form.

If the intention of your employer is not to issue any crossed and account payees cheque in the name of employee to avoid providing record of payment your employer may not succeed as employer has to maintain proper registers and record and has to issue appointment letter also.

You may look into SE Act applicable to your state.  

Yu have not signed any formal contract of employment/appointment letter mentioning notice period/pay, as no such contract/ appointment letter was is issued to you. As per SE Act also as you are planning to resign after a month of employment there should not be any notice period applicable to you.

For the days you have worked in November you should be paid your salary.

@ Rajeev,

Kindly always start a new thread.

It is felt that you have signed the change in notice period by your free will and new terms and conditions on notice period shall apply.

However it also felt that 3 months notice period during probation period is unreasonable.

You may check if your establishment is covered under SE Act and go thru the act applicable to your state. The provisions of SE Act Delhi are already given in this thread.

If you resigned last month then probably due to your resignation your company has blocked the payment of your salary and may mention that last salary shall be disbursed in FNF statement.

If HR and line management are adamant, it shall be appropriate to take up the matter with good offices of your appointing authority, MD, Company Secretary and apply your rapport, goodwill built during the employment and your reasoning, persuasion, persistence, negotiation skills and obtain waiver of notice period. This shall be the quickest and easiest solution. HR and line management are known to become adamant on the terms and conditions expressed in appointment letter. Employee has to apply exceptional levels of skills to get the resolution in his favor.

In a given situation employee can invoke the provisions of Industrial Employment Standing Orders Act, ID Act, SE Act, Factory Act, Payment of Wages Act…..etc  as per explanation of employee under these enactments or approach a civil court.