You were located in which state?
The redg. office of the establishment is located in which state?
What is the strength of employees in this establishment?
Did you seek opinion and treatment of your sickness at your HQ town and do you have the copy?
Have you submitted sick leave application or intimation before leaving the HQ for your hometown by normal post, redg. post, courier, email, by phone etc.....................?
You should have.
Have you initiated treatment of your sickness at your native place?
If you could submit resignation by email then you could submit the documents pertaining to your sickness and sick leave application also.
In case of sick leave the employee can submit sick leave application and bed rest advice of doctor upon joining also as permitted by many establishments.
The employee should always be transparent and maintain proper record in writing and under proper acknowledgment.
For employers sickness and transfer to native place is an age old trick to separate from employment.
>> Notice period applicable during probation period is stated in appointment letter issued to you as posted by you.
As per your post there is no explicit mention of notice pay in lieu of notice period during probation.
It shall be pertinent to understand whether notice period during probation period in your case during probation and after service of 3 months shall be applicable or not.
---The notice period of resignation is stated in standing orders (certified/model) applicable to the establishment and extended to the designation of the employee. The notice period stated in standing orders shall prevail upon the notice period stated in private agreement signed by employer with employee e.g contract of employment/appointment letter. If notice period in standing orders applicable to the employee is NIL it can not be 1 month in appointment letter.
Employer himself is responsible for faithful observance of standing orders.
Employee is bound and under obligation to display standing orders at a conspicuous location in company/notice board, and supply the certified copy to the employee against a nominal fee say Rs.10/-.
Employee or any one can obtain the certified copy of the standing orders applicable to the establishment from certifying officer (CO) against a set fee say Rs.3/page. The Certifying Officer may be DLC in o/o Labor Commissioner at the location of redg. office of the company.
Until or unless state government has granted an exemption to the establishment from provisions of Industrial Employment Standing Orders Act the standing orders shall be applicable.
--- Notice period is also stated in shops and commercial establishment act of the state.
If your establishment is commercial you may look into the clause on ‘Notice of dismissal’ applicable in state of your location, and the notice period applicable as per length of your service. It may be NIL.
If notice period applicable in your case is NIL then the clause in appointment letter issued to you may be VOID to that extent.
The designation alone does not decided employee shall be covered as ‘Workman’ as in ID Act and as ‘Employee’ as in shops and commercial establishment act of the state.
Your lawyer may ask you a set of structured questions and may opine you shall be covered or not.
The notice of resignation/resignation and subsequent communications should be carefully structured to suit the long term interest of the employee and today’s scenario employee should always consult elders in the family, competent and experienced well wishers, lawyer/law firm before acting on his own.
This shall avoid legal traps and inconvenience.
If the tasks of the employee that has initiated resignation are unfinished due to which employer may suffer financial or some other loss and the employee is unwilling to indemnify the employer then the employer may impress upon the employee to serve full notice period.
The purpose of notice is to allow the other party (employer) to make arrangements to complete exit formalities and handover of charge.
You have probably left unfinished task, have not completed KT, have not handed over the company’s property and charge have thus not completed exit formalities and have also not affirmed to tender notice pay.
You may show the job advertisement, job application, interview call letter, offer letter, standing orders, appointment letter, resignation, sickness record, declinature of the company to accept resignation, notice by company, etc to your labor consultant/service lawyer , give inputs in person and proceed under expert advice of your lawyer.
Let your lawyer structure a fitting reply to the notice and demand acceptance of resignation, correct FNF statement for verification and acceptance, payment of earned wages, PF number, PF account slip, Form 16, ESIC card, service certificate, relieving letter by redg. post.........................
