Salary not been paid

Try to get you attendance record from the company and file a petition in labour commissioner.

The notice period/pay is to apply:


--either by applicable enactments on employer/employee/establishment.


--or by appointment letter, contract of employment, agreement etc signed with employee.


If applicable the enactments shall prevail upon any private agreement that is drafted by employer and signed with employee.

In your case the 2nd option is ruled out by you by your post in query as NO appointment letter is issued to you.


 

Rest let us try on: how come employer or its attorney's claim that it is applicable by some purported policy, that is never made known to you as per you post in query.





For 1st option let us try to find out if it shall apply in your case.
 

You have posted that:



“Now they say that i have not given them a notice period in writing…………………… as per there policy in writing”




Who are these persons whom you have referred as they: Line Managers, HR personnel, Manager/representative of employer that is duly authorized by employer?




Whom you are referring as they: Line Mangers, HR personnel, Legal cell, Admin etc etc or employer itself?




They have said it in writing or verbally?


Have they shown you the place/any document/ in which this policy has been shown, kept in your access, circulated, and supplied to you?



Or have they cited and service rule and regulation/enactment/service condition/ Act/Law etc etc vide which this policy/condition of notice period-pay applies to you.



Employer itself or its attorney’s in Line Management, HR Wing, Legal cell, Admin etc etc should not behave as street magicians and try to produce things from thin air.



 

If there are applicable service conditions than these should be made known by fair means and made available by effective modes of communications, and kept in knowledge domain of employee, kept within accessible zones of employee.

You have posted that:

“ and serve the notice period of one month as i was not confirmed not i have any appointment letter where it says this.”

If appointment letter was not issued and supplied to you and signed by you then…………….was this policy cited/mentioned/highlighted in any other published document issued and supplied to you and signed by you e.g; joining report, employee handbook, employee’s portal, exit policy or ever by email etc etc etc ……

Saying, telling, asking etc are all verbal modes of communication and difficult to prove.

Gossip, rumor, hearsay are neither rules nor policy, nor Act nor law………………

If you have tried enough for amicable settlement and you are unable to get fair play and dealing then:

Don’t remain entangled with Line Mangers, HR personnel

And

Approach good offices of appointing authority, MD,CEO etc

And try.

They may not have any authority to waive off notice period/pay ( if it indeed applies in your case as per applicable enactments) or willingness to recommend to his superiors/good offices of appointing authority, MD,CEO etc ....

Narrate all previous representations made by you in person/by letters/phone calls/emails…………….and mention names/dates/brief minutes of discussion…………Submit minutes in writing under proper acknowledgment.

Notice period of 2 months may not necessarily be applicable in your case.

Notice period, rate of Notice pay might be governed by various enactments that may apply in your case.

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state?

Since how many months you are working?

Do standing orders (model/certified) apply to establishment and your designation?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Are you a member of employee’s/trade unions?

It noted that you have handed over the charge/assets and communicated in writing.

This is wise on your part.

The Shops & Estbs Rules prescribe many registers that employer has to submit on attendance, payment of wages, OT,DOJ/LWD etc etc 

The ID Act does not lay down notice period for workman.

The Model Standing Orders does not lay down notice period for workman, during probation period.

Does the establishment has its certified standing orders and your designation is covered?

If you are in Maharashtra and establishment is commercial.

GO thru:

Bombay Shops & Estbs Act does not lay down notice period for employee. IT lays down notice period for employer and it is as per length of service, in case of termination by employer.

GO thru;

S.66(b): For less than 3 months of service it is NIL.BY equitable discretion for employee also it can’t be even 1 day for employee.

S.38-B Lays down that standing orders shall apply….

https://mahakamgar.maharashtra.gov.in/images/pdf/the-bombay-shops-establishments-act-1948.pdf

All of these enactments are available at website of Dept. of Labor Maharashtra.

https://mahakamgar.maharashtra.gov.in/index.htm

https://mahakamgar.maharashtra.gov.in/acts-rules.htm

Unions have traditionally been strong in Maharashtra.

Dear, you seem to have a good case.

Reply to all points, pointwise.

Or approach:

Inspector appointed under:

--Bombay Shops & Estbs Act, if establishment is covered by the Act and you are covered by def. of employee as in the Act.

-- Payment of Wages Act; if establishment is covered by the Act and you are covered by def. of wages as in the Act. This Act does not discriminate between ‘Workman’ and ‘Non Workman’.

O/o Labor commissioner: ALC, ALCC as per appropriate Govt in your case; State/Central

Higher Officials in Dept. of Labor

If you are in Tamilnadu you may check with Mr.Sri Vijayan.A.

I have recently shared the extent clauses of applicable enactments with him.

If you are at Mumbai/Maharashtra you may check with Mr. M.V.Gupta, Mr. Jeevan Patil, Mr. Hemant Agarwal, Mr. Kishore Mehta………………

If you are in Haryana you may check with Mr. Rajendra K Goyal

If you are in Delhi Check with: Mr. Samparan (He provides free legal aid also), Mr. H.S.Thukral ( he had kept some hours for Free Legal Consultation)

Avoid entities that loiter at online portals like lCI to allure unsuspecting querists to fleece them.

LCI is also filled with posts and threads by querists that have been fleeced.

e.g;

https://www.lawyersclubindia.com/experts/Advocate-fee-no-case-filed-641591.asp

Originally posted by : Kumar Doab
	If you are in Tamilnadu you may check with Mr.Sri Vijayan.A. I have recently shared the extent clauses of applicable enactments with him.   If you are at Mumbai/Maharashtra you may check with Mr. M.V.Gupta, Mr. Jeevan Patil, Mr. Hemant Agarwal, Mr. Kishore Mehta………………   If you are in Haryana you may check with Mr. Rajendra K Goyal   If you are in Delhi Check with: Mr. Samparan (He provides free legal aid also), Mr. H.S.Thukral ( he had kept some hours for Free Legal Consultation)     Avoid entities that loiter at online portals like lCI to allure unsuspecting querists to fleece them. LCI is also filled with posts and threads by querists that have been fleeced.   e.g; https://www.lawyersclubindia.com/experts/Advocate-fee-no-case-filed-641591.asp

How can I get in touch with them in Mumbai ... I have highlighted 

Log onto their profile and contact or send PM.