Respected Seniors,
One of our employee was working in our organization for last 7 years, he got job in another company with high salary. Company has said that he need to give 3 month notice before giving resignation .
The facts is that 1. He get PF
2.Company has not issued any appointment letter to him.
He said that no company will wait for him for 3 months .He said that he is not going to report to office from tommorow . Management said he has to give 3 months salary in lieu of Damage.
My Question is
1. Weather a person can be considered as an employee even if he is not been issued an appointment letter?
2.If he is not issued any appointment letter what could be the notice period as per labour law.
3. Weather he will be eligible for benifit like Gratuity etc
Please Reply
Regards,
Yasin
From India, Vadodara
One of our employee was working in our organization for last 7 years, he got job in another company with high salary. Company has said that he need to give 3 month notice before giving resignation .
The facts is that 1. He get PF
2.Company has not issued any appointment letter to him.
He said that no company will wait for him for 3 months .He said that he is not going to report to office from tommorow . Management said he has to give 3 months salary in lieu of Damage.
My Question is
1. Weather a person can be considered as an employee even if he is not been issued an appointment letter?
2.If he is not issued any appointment letter what could be the notice period as per labour law.
3. Weather he will be eligible for benifit like Gratuity etc
Please Reply
Regards,
Yasin
From India, Vadodara
Mr.Yasin,
As long as he is in your company roll, he is your employee. It is not the fault of the employee with regard to appt. letter.
No specific notice period is mentioned in labour laws.
He is eligible for statutory benefits like Gratuity, etc.
From India, Lucknow
604As long as he is in your company roll, he is your employee. It is not the fault of the employee with regard to appt. letter.
No specific notice period is mentioned in labour laws.
He is eligible for statutory benefits like Gratuity, etc.
From India, Lucknow
I agree with Mr. Ponraj.
The Company is at fault by not issuing an appointment letter to an employee for 7 years. Now, the Company suffers as the employee is not bound by any terms and conditions in absence of the appointment letter and is free to leave the Company at his own will.
Please check the standing orders of your Company. If the clause of notice period or notice pay is incorporated ther, it may help you to recover the damages.
It seems that he is on your rolls for all these years and therefore he is eligible for all the statutory benefits like Gratuity etc.
Hope this would help you,
Thanks & Regards,
Avika
From India, New Delhi
The Company is at fault by not issuing an appointment letter to an employee for 7 years. Now, the Company suffers as the employee is not bound by any terms and conditions in absence of the appointment letter and is free to leave the Company at his own will.
Please check the standing orders of your Company. If the clause of notice period or notice pay is incorporated ther, it may help you to recover the damages.
It seems that he is on your rolls for all these years and therefore he is eligible for all the statutory benefits like Gratuity etc.
Hope this would help you,
Thanks & Regards,
Avika
From India, New Delhi
HI Yasin,
As per labour act there is no rule of notice period. t all depends the agreement between employee & employer. More over you are telling as the company din't issue appointment letter. then how can the company tell as notice period for 3 months.
Employees PF cannot be stopped. More over he is eligible for Gratuity too.
The best thing is He can convince the both employers for one month time. If actually the new employer is keen interested they has to wait atleast for a month. Even it is the responsibility to stay atleast for a month even after getting job in another company. He has to hand over his responsibility to some other person.
Cheerz
Jeeva
From India, Bangalore
As per labour act there is no rule of notice period. t all depends the agreement between employee & employer. More over you are telling as the company din't issue appointment letter. then how can the company tell as notice period for 3 months.
Employees PF cannot be stopped. More over he is eligible for Gratuity too.
The best thing is He can convince the both employers for one month time. If actually the new employer is keen interested they has to wait atleast for a month. Even it is the responsibility to stay atleast for a month even after getting job in another company. He has to hand over his responsibility to some other person.
Cheerz
Jeeva
From India, Bangalore
I agree with Avika.
If there is standing order of the company which specifies the notice period for employees then it will be applicable to this employee even if he has not been given the letter of appointment since he has been on the company payrolls and all the statutory provisions will be applicable.
From India, Delhi
If there is standing order of the company which specifies the notice period for employees then it will be applicable to this employee even if he has not been given the letter of appointment since he has been on the company payrolls and all the statutory provisions will be applicable.
From India, Delhi
Dear All,
Please appreciate what I am stating below:
1. There is a provision of One Month's Notice period in the Delhi Shops Act. Similar provision may also be provided in the Shops Act of other States (Please refer to the relevant state law).
The Delhi Shops & Establishments Act stipulates that any employee who has been in continuous employment for three months' or more he will have to give to the employer one months' notice to the employer before leaving the Co. and vice- versa.
Trust this will clear doubts on this matter.
Best Wishes,
Vasant Nair
2. Yes, if there is any provision in the Service Conditions/Standing Orders, such rules would apply.
If the person concerned has been working in an Office registered or otherwise falling within the ambit of the Shops Act, One Month'sNotice Period clause will apply.
Best Wishes,
Vasant Nair
From India, Mumbai
Please appreciate what I am stating below:
1. There is a provision of One Month's Notice period in the Delhi Shops Act. Similar provision may also be provided in the Shops Act of other States (Please refer to the relevant state law).
The Delhi Shops & Establishments Act stipulates that any employee who has been in continuous employment for three months' or more he will have to give to the employer one months' notice to the employer before leaving the Co. and vice- versa.
Trust this will clear doubts on this matter.
Best Wishes,
Vasant Nair
2. Yes, if there is any provision in the Service Conditions/Standing Orders, such rules would apply.
If the person concerned has been working in an Office registered or otherwise falling within the ambit of the Shops Act, One Month'sNotice Period clause will apply.
Best Wishes,
Vasant Nair
From India, Mumbai
Dear All,
I worked in a company for a 15 months and in my appointment letter only one month notice period was mentioned and after six months they have given us a increment letter under which they have enclosed a attachment of terms & condition in which the notice period was revised upto three months but no acceptance was taken from the employee in signature manner but now i left that company and they have asking for three months notice period, please advice is it right?
Secondly i have avialed a perosnal loan from company on salary basis of Rs. 30000/- against which no installment was deducted because i left that company and now at my computation sheet they are writing that against my full & final settlement notice period is adjusted and personal loan is still outstanding, please advice.
Thridly, in my computation sheet they have not consider the bonus amount but it was a part of my salary and they deduct every months, please advice.
Pleasee, advice me for this.
Thanks
Rahul
From India, Perungudi
I worked in a company for a 15 months and in my appointment letter only one month notice period was mentioned and after six months they have given us a increment letter under which they have enclosed a attachment of terms & condition in which the notice period was revised upto three months but no acceptance was taken from the employee in signature manner but now i left that company and they have asking for three months notice period, please advice is it right?
Secondly i have avialed a perosnal loan from company on salary basis of Rs. 30000/- against which no installment was deducted because i left that company and now at my computation sheet they are writing that against my full & final settlement notice period is adjusted and personal loan is still outstanding, please advice.
Thridly, in my computation sheet they have not consider the bonus amount but it was a part of my salary and they deduct every months, please advice.
Pleasee, advice me for this.
Thanks
Rahul
From India, Perungudi
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