News | Experts | Articles | Files | Forum | Bare Acts | Jobs | Communities | Events | Coaching | Videos | Recommend | Lawyers Search | More>> Discussion > Labour & Service Law > Service > Not serving the notice period Pages : 1 There are 3 Replies to this message Related Files 11 33 cir no.pdf 144 downloads 4 3 07 09fro.doc 89 downloads 181311 16 le.rar 198 downloads 183614 17 bo.pdf 145 downloads 221307 17 ne.pdf 167 downloads 235419 2 wha.doc 142 downloads whether pf c.pdf 179 downloads incentive bo.doc 335 downloads offer letter.pdf 356 downloads 417759075 va.docx 129 downloads More >> Legal Business Civil Constitutional Criminal Family Labour Intellectual Property Taxation Others Search for Lawyers
Not serving the notice period http://www.lawyersclubindia.com/forum/Not-serving-the-notice-period-... 1 of 5 6/4/2014 2:05 AM Posted about a year ago 0 2 Posted about a year ago Posted about a year ago Posted about a year ago Hemkumar Software [ Scorecard : 26] Thank Contributor : Send PM
Dear guru's, I joined a company in the month of jan2013, and i resigned the same on 31st jan 2013, since i didnt like the work environment and the job did not match upto my skill and by the way i got a good offer with better postion so i joined there and work is going smooth. Actually i have to serve a 2months notice period in this company but i couldnt serve this since i had to join the new company immedietly, Now the previous company sent me a letter asking me to pay Rs.67,400 and i have not taken any salary from this company for the month of Jan2013, and have also not taken any reliving letter from this company since its not going to be helpful for me also the company has not given me any tasks during the month of jan2013. Now the company has sent me a letter that if am not paying the amount they will take a legal action on me. Now this is tourchering my mind what should i do now, am not in a position to pay the money, will this legal action would affect me? Regards, Hemkumar R
Further i am not subjected to any bond and the offer letter tells that, if notice period is not served then the company will not give any relieving letter and the settlement would be the sole discretion of the management. Regards, Hemkumar R Crusader freelancer [ Scorecard : 32] Thank Contributor : Send PM
To my understading, if the offer letter or job contract doesn't explicitly states that if two months notice period is not served then you'll be subject to salary sacrifice for that period then you aren't oblized to pay them. Also, you are requried to be paid for the work you have done in that compay - what about that, did you ask them to pay what you have worked for? I think you should CC every higher management - CEO/MD in India and abroad (if it's MNC) about this callous approach. This has helped some cases in the past. Kumar Doab FIN [ Scorecard : 16906] Thank Contributor : Send PM
The letter given to you is offer letter or appointment letter? If appointment letter is not issued even after a month it amounts to unfair labor practices. You have not drawn any salary also..
------Were your services under probation while you resigned? If yes 2 months notice period under probation is highly unreasonable.
IT/ITES companies are under the purview of Shops and Commercial Establishments Act of the state. This Act is applicable to all employees and does not indiscriminate between workman and non workman. The Act and contact details of the Inspector/Chief Inspector may be available at the Dept. of labor website of the state. e.g.; 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. {This implies for service below 3 months no Notice period/pay is applicable.}
COMMENTS (a) Applicability of section 30:
In the absence of any standing orders or any contract between the employer and the contesting respondent containing any particular terms or conditions, the conditions of service of the employee relating to his 0 Like Like Pre School Activities etllearning.com Interactive Books for your Kids. Free Presentation & Parenting Book! Not serving the notice period http://www.lawyersclubindia.com/forum/Not-serving-the-notice-period-... 2 of 5 6/4/2014 2:05 AM employment in an establishment at Delhi are covered by section 30(1) of Delhi Shops and Establishments Act, 1954
(b) Notice or wages in lieu thereof under section 30When to be given? A plain reading of section 30 of the Act would make it clear that the notice under sub- section (2) is for the benefit of the employer. {Obviously the 2 months notice period is for the benefit of employer.}
Did the company mention any performance pay, incentives, commission in offer letter, CTC sheet? The company was not able to provide any tasks and hence work to employee, thus it was not bale to live up to its contractual obligations. Hence it became unworthy of being employed with. In such a case out of shame, company should on its own waive off notice period be it probationer or any other employee.
34. Employer to furnish letters of appointment to employees: Failure to issue appointment letters under section 34 of the Act to the employee amounts to unfair labour practice resorted to deprive them of the benefits which accrue to them due to the length of their service;
37. Powers and duties of the Inspector: (b) Duties of the Inspector: (i) that in dispensing with the services of an employee the provision of the Act and Rules have been complied with and no dues payable under the Act or Rules have been Withheld;
{You may approach the Inspector for payment of wages of the period you have worked}
-----The designation alone does not decide employee is a workman or not. Your lawyer may ask you a set of structured questions and may opine that you fall within the category of workman.
You may go thru the standing orders of the company/model standing orders:
13. Termination of employment: (2) No temporary workman whether monthly-rated, weekly-rated or piece-rated and no probationer or badli shall be entitled to any notice or pay in lieu thereof if his services are terminated
{Implies notice period is not applicable to probationer} 11. Payment of wages., 15. Complaints.--All complaints arising out of employment including those relating to unfair treatment or wrongful exaction on the part of the employer or his agent, shall be submitted to the manager or other person specified in this behalf with the right of appeal to the employer. 16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate. 17. Liability of [employer].-, 18. Exhibition of standing orders.
------THE PAYMENT OF WAGES ACT, 1936 {Applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act}
2. Definitions: 3*[(vi) "wages" means.. (d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made; 17 Not serving the notice period http://www.lawyersclubindia.com/forum/Not-serving-the-notice-period-... 3 of 5 6/4/2014 2:05 AM
5. Time of payment of wages. 6. Wages to be paid in current coin or currency notes. 5*[Provided that the employer may, after obtaining the written authorisation of the employed person, pay him the wages either by cheque or by crediting the wages in his bank account.]
You may approach a competent and experienced labor consultant/service lawyer and lodge a compliant under SE Act, ID Act, Payment of Wages Act/or as deemed fit at your end and proceed under expert advice of your lawyer.
Attached File (downloaded 54 times) : 519774302_delhi shops & establishments act 1954.pdf Previous Next Related Threads Regarding notice pay recovery Notice period & relieving rules Company not relieving even i am ready to pay notice period Notice period has been increased from 30 days to 90 days Are companies always liable to pay notice period amount? notice period for shift rosters and law point I need immediate help regarding the bond and notice period Reliving before notice period Ih what cases employee can resign without serving notice? In lieu of notice period Post your reply for Not serving the notice period Message Notify via email when someone replies Submit Reset This is a public forum. Avoid posting content which you do not wish to disclose in public. Use thank button to convey your appreciation. Maintain professionalism while posting and replying to topics. Try to add value with your each post. Subscribe to the latest topics : Enter Email Subscribe Search Topics & Posts GO 1 Yr Online MBA Rs.7500/- nibmglobal.com/Online-MBA Globally Accredited Online MBA. Limited Offer. Join Now Not serving the notice period http://www.lawyersclubindia.com/forum/Not-serving-the-notice-period-... 4 of 5 6/4/2014 2:05 AM Forum Home | Forum Portal | Control Center | Who is Where | Popular Threads | Today's Topic | Recent Posts | Today's Posts | Post New Topic | Thread With Files | Top Threads - Month | Unreplied Topics | Forum Stats back to the top www.CAclubindia.com | www.MBAclubindia.com Let us grow stronger by mutual exchange of Knowledge
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