Dear all,
I wish you all a happy 68th Independence Day.
If an employee is employed in shops and commercial establishments, the particular State Shop Act prescribes the period of notice by the employee and employer. For example, The Punjab Shops and Commercial Establishment Act 1958, Section 22(1) states that no employee shall be removed from service unless and until 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 until he has been in the service of the employer 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 his employer seven days' notice [thirty days in Haryana] or pay in lieu thereof.
(2) Where an employee contravenes the provisions of sub-section (1), his employer may forfeit his unpaid wages for a period not exceeding seven days [thirty days in Haryana].
Section 30 of the Delhi Shops and Establishment Act states:
(1) No employee shall be removed from service unless and until 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 3 months of continuous service shall terminate his employment unless he has given his employer a notice of one month, in writing. In case he fails to do so, 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 the Factories Act, or any industrial establishments where certified standing orders are applicable, or a shop and establishment, the State Shop Act provisions will be applicable.
Since you have mentioned that your salary was transferred to the bank, please obtain proof of the salary transfer from the bank. This will be documentary evidence to prove that you were employed with your employer. Second, if you have given notice in writing, whether by Registered Post/Speed Post/Courier or through Email, these will work as documentary evidence. Then you can proceed with litigation.
You can file a complaint with the labor officer of your area who, after giving notice to the employer, will investigate the matter.
You can also make a complaint to EPFO/RPFC/APFC, SRO ESI.
Thanks and Regards,
RL Dhingra, Advocate, Delhi
Labour Law Consultant
09818309937
Email: rld_498@rediffmail.com
From India, Delhi
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27I wish you all a happy 68th Independence Day.
If an employee is employed in shops and commercial establishments, the particular State Shop Act prescribes the period of notice by the employee and employer. For example, The Punjab Shops and Commercial Establishment Act 1958, Section 22(1) states that no employee shall be removed from service unless and until 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 until he has been in the service of the employer 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 his employer seven days' notice [thirty days in Haryana] or pay in lieu thereof.
(2) Where an employee contravenes the provisions of sub-section (1), his employer may forfeit his unpaid wages for a period not exceeding seven days [thirty days in Haryana].
Section 30 of the Delhi Shops and Establishment Act states:
(1) No employee shall be removed from service unless and until 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 3 months of continuous service shall terminate his employment unless he has given his employer a notice of one month, in writing. In case he fails to do so, 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 the Factories Act, or any industrial establishments where certified standing orders are applicable, or a shop and establishment, the State Shop Act provisions will be applicable.
Since you have mentioned that your salary was transferred to the bank, please obtain proof of the salary transfer from the bank. This will be documentary evidence to prove that you were employed with your employer. Second, if you have given notice in writing, whether by Registered Post/Speed Post/Courier or through Email, these will work as documentary evidence. Then you can proceed with litigation.
You can file a complaint with the labor officer of your area who, after giving notice to the employer, will investigate the matter.
You can also make a complaint to EPFO/RPFC/APFC, SRO ESI.
Thanks and Regards,
RL Dhingra, Advocate, Delhi
Labour Law Consultant
09818309937
Email: rld_498@rediffmail.com
From India, Delhi
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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
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From India, Chennai
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Dear Vijaylaxmi,
Going through all the replies and just wanted to remind you that you can surely take the company to court if they have not terminated you or asked you to submit your resignation letter.
You have already submitted your resignation letter and served a shorter notice period than the 15 days the company had instructed. Despite the company clearly stating the notice period, you chose to disregard it.
Therefore, the company may consider you as absconding and deduct the remaining notice period days as notice pay. Since you were still in your probation period, apart from the weekly off, you were not entitled to any other leave.
If you decide to take legal action, please be aware that the company will demonstrate that you voluntarily left your position and were required to complete a 15-day notice period, which you opted not to fulfill. Consequently, your salary has been withheld and will be released once you serve the complete notice period and finish the exit procedures.
This situation could have been resolved within 8 days, but due to a poor decision, it has become prolonged.
Regards,
Ashutosh Thakre
From India, Mumbai
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Going through all the replies and just wanted to remind you that you can surely take the company to court if they have not terminated you or asked you to submit your resignation letter.
You have already submitted your resignation letter and served a shorter notice period than the 15 days the company had instructed. Despite the company clearly stating the notice period, you chose to disregard it.
Therefore, the company may consider you as absconding and deduct the remaining notice period days as notice pay. Since you were still in your probation period, apart from the weekly off, you were not entitled to any other leave.
If you decide to take legal action, please be aware that the company will demonstrate that you voluntarily left your position and were required to complete a 15-day notice period, which you opted not to fulfill. Consequently, your salary has been withheld and will be released once you serve the complete notice period and finish the exit procedures.
This situation could have been resolved within 8 days, but due to a poor decision, it has become prolonged.
Regards,
Ashutosh Thakre
From India, Mumbai
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Mr. Ashutosh,
There is no legal documentation of a relationship of employment, so there can be no termination, 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 the contract) without any documentation? There is zero legal hold on the employee by the employer in the absence of an appointment letter - which means that even in the case of 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 the 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
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There is no legal documentation of a relationship of employment, so there can be no termination, 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 the contract) without any documentation? There is zero legal hold on the employee by the employer in the absence of an appointment letter - which means that even in the case of 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 the 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
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Dear Ryan,
Exactly my point... In my earlier communications, I have shared that a legal case is not feasible, and nothing positive will result from pursuing that route. The most effective solution would be a direct face-to-face meeting. Therefore, she should approach the top management of the company, and the issue can be resolved. However, I suspect that Vijaylaxmi is merely contemplating the idea of taking the matter to the labor court.
Regards,
Ashutosh Thakre
From India, Mumbai
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Exactly my point... In my earlier communications, I have shared that a legal case is not feasible, and nothing positive will result from pursuing that route. The most effective solution would be a direct face-to-face meeting. Therefore, she should approach the top management of the company, and the issue can be resolved. However, I suspect that Vijaylaxmi is merely contemplating the idea of taking the matter to the labor court.
Regards,
Ashutosh Thakre
From India, Mumbai
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