Dear all
wish you all happy 68th independence day.
If an employee is employed in shops & commercial establishment, the perticular State shop Act prescribes the period of notice by the employee and employer For example The Punjab Shops & Commercial Establishment Act 1958 ,
Section 22(1) No employee shall be removed from service unless and untill one month's previous notice or pay in lieu of notice thereof has been given to him:
provided that :-
(a). No employee shall be entitled to the notice or pay in lieu thereof if he is removed on account of misconduct established on record ;
(b). no employee shall be entitled to one month's notice or pay in lieu of notice and until he has been in the service of the employers continuously for a period of three months.
Section 23 provides Notice by employee -(1) No employee who has been in the service of the employer continuously for a period of three months shall terminate his employment unless he has given to his employer seven days [thirty days in Haryana] previous noticeor pay in lieu thereof
(2) Where an employee contravens the provisions of sub-section (1) , his employer may forfeit his unpaid wages for period not exceeding seven days [thirty days in Haryana].
Section 30 of the Delhi Shops & Establishment
(1) No employee shall be removed from service unless and untill one month's previous notice or pay in lieu of notice thereof has been given to him:
provided that :-
(a). No employee shall be entitled to the notice or pay in lieu thereof if he is removed on account of misconduct established on record ;
(2) No employee who has put in 3months continuous service shall terminate his employment unless he has given to his employer a notice of one month , in writing . In case he fails , he will be released from his employment on payment of an amount equal to one month's notice.
If you are employed in a factory under factories Act, or any industrial establishments where certified standing order are applicable. or Shop and establshishment , the State shop Act provisions will be applicable.
Since you have mentioned that your salary was transferred to bank , please obtain the proof of the salary transfer , from the bank this will be a documentray evidence to prove that you were employed with yor employer. Second you have given a notice in writing, if it is by Regd post/Speed Post/Coureir or through E-mail these will work as documentary evidence. Then you can drag him into litigation.
You can file complaint with the labour officer of your area who after giving notice to the employer investigate the matter.
You can make a complaint to EPFO/RPFC/APFC , SRO ESI also .
Thanks & Regards
RL Dhingra , Advocate, Delhi
Labour Law Consultant,
09818309937
E-mail
From India, Delhi
23wish you all happy 68th independence day.
If an employee is employed in shops & commercial establishment, the perticular State shop Act prescribes the period of notice by the employee and employer For example The Punjab Shops & Commercial Establishment Act 1958 ,
Section 22(1) No employee shall be removed from service unless and untill one month's previous notice or pay in lieu of notice thereof has been given to him:
provided that :-
(a). No employee shall be entitled to the notice or pay in lieu thereof if he is removed on account of misconduct established on record ;
(b). no employee shall be entitled to one month's notice or pay in lieu of notice and until he has been in the service of the employers continuously for a period of three months.
Section 23 provides Notice by employee -(1) No employee who has been in the service of the employer continuously for a period of three months shall terminate his employment unless he has given to his employer seven days [thirty days in Haryana] previous noticeor pay in lieu thereof
(2) Where an employee contravens the provisions of sub-section (1) , his employer may forfeit his unpaid wages for period not exceeding seven days [thirty days in Haryana].
Section 30 of the Delhi Shops & Establishment
(1) No employee shall be removed from service unless and untill one month's previous notice or pay in lieu of notice thereof has been given to him:
provided that :-
(a). No employee shall be entitled to the notice or pay in lieu thereof if he is removed on account of misconduct established on record ;
(2) No employee who has put in 3months continuous service shall terminate his employment unless he has given to his employer a notice of one month , in writing . In case he fails , he will be released from his employment on payment of an amount equal to one month's notice.
If you are employed in a factory under factories Act, or any industrial establishments where certified standing order are applicable. or Shop and establshishment , the State shop Act provisions will be applicable.
Since you have mentioned that your salary was transferred to bank , please obtain the proof of the salary transfer , from the bank this will be a documentray evidence to prove that you were employed with yor employer. Second you have given a notice in writing, if it is by Regd post/Speed Post/Coureir or through E-mail these will work as documentary evidence. Then you can drag him into litigation.
You can file complaint with the labour officer of your area who after giving notice to the employer investigate the matter.
You can make a complaint to EPFO/RPFC/APFC , SRO ESI also .
Thanks & Regards
RL Dhingra , Advocate, Delhi
Labour Law Consultant,
09818309937
From India, Delhi
Mr Varghese if u can able to buy EPILPA statutory book i read that if any correction pl tell me also for me to update. am searching a proof as i was holding if i get will scan to usir
From India, Chennai
From India, Chennai
Dear Vijaylaxami,
Going through all the reply's and just wanted to remind you that you can surely take the company to the courts.... But they have not terminated you, or have they asked you to put in your resignation letter.
You have put in your resignation letter and short served your notice period. The company had clearly told you to serve them the notice period of 15 days. You choose to over rule the same.
Therefore the company can put you as absconding and deduct the notice period days as notice pay.... As you were still in probation, other than weekly off there is no other off, there is no other leave that you were eligible for.
You can surly take them to the courts and be assured that the company will prove that you have left on your own and was asked to serve a 15 days notice, which you have chose not to honor, so the salary has been put on hold and would be released, once the person serves the notice period, completes the exit formalities.
It was just a matter for other 8 days, but due to a wrong decision the same is being long dragged...
Regards,
Ashutosh Thakre
From India, Mumbai
Going through all the reply's and just wanted to remind you that you can surely take the company to the courts.... But they have not terminated you, or have they asked you to put in your resignation letter.
You have put in your resignation letter and short served your notice period. The company had clearly told you to serve them the notice period of 15 days. You choose to over rule the same.
Therefore the company can put you as absconding and deduct the notice period days as notice pay.... As you were still in probation, other than weekly off there is no other off, there is no other leave that you were eligible for.
You can surly take them to the courts and be assured that the company will prove that you have left on your own and was asked to serve a 15 days notice, which you have chose not to honor, so the salary has been put on hold and would be released, once the person serves the notice period, completes the exit formalities.
It was just a matter for other 8 days, but due to a wrong decision the same is being long dragged...
Regards,
Ashutosh Thakre
From India, Mumbai
Mr. Ashutosh,
There is no legal documentation of a relationship of employment, so there can be no termination or absconding or any form of legal action. How can a court of law accept a legal case of this nature (which is essentially about the law of contract) without any documentation? There is zero legal hold on the employee by the employer in the absence of appointment letter - which means that even in the case of a fraud, the organization cannot file a case.
Similarly the employee also cannot take that organization to court because there is no documented legal relationship of employer-employee by the law of contract.
Would you kindly explain to the group how termination / absconding of an employee can be given in the absence of an appointment letter?
Regards,
From India, Mumbai
There is no legal documentation of a relationship of employment, so there can be no termination or absconding or any form of legal action. How can a court of law accept a legal case of this nature (which is essentially about the law of contract) without any documentation? There is zero legal hold on the employee by the employer in the absence of appointment letter - which means that even in the case of a fraud, the organization cannot file a case.
Similarly the employee also cannot take that organization to court because there is no documented legal relationship of employer-employee by the law of contract.
Would you kindly explain to the group how termination / absconding of an employee can be given in the absence of an appointment letter?
Regards,
From India, Mumbai
Dear Ryan,
Exactly my point.... In my earlier communications had have shared that a case is not possible and nothing is going to come out of the same. The only solution is a direct face to face meeting. Therefore she needs to approach the top management of the company and the issue will be sorted. But i presume that Vijaylaxmi is only towing with the idea of putting up a labour court case....
Regards,
Ashutosh Thakre
From India, Mumbai
Exactly my point.... In my earlier communications had have shared that a case is not possible and nothing is going to come out of the same. The only solution is a direct face to face meeting. Therefore she needs to approach the top management of the company and the issue will be sorted. But i presume that Vijaylaxmi is only towing with the idea of putting up a labour court case....
Regards,
Ashutosh Thakre
From India, Mumbai
Dedecuting PF And ESI is mandatory for the employer for eligiable employees. If you are working under shop and establishment act than you can approach the labour authoirty to recovery your unpaid salary or under the payment of wages Act.
From India, New Delhi
From India, New Delhi
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